Cleveland, OH asked in Car Accidents for Ohio

Q: Hi I was in a merging accident and I was the driver merging. I was side swiped by a speedin car. how am i at fault

How can I proof they are at fault with no evidence

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3 Lawyer Answers

A: The facts you provide do not show who was at fault. An expert may be needed for analysis.

Tim Akpinar agrees with this answer

A: Evidence is in the form of verbal (testimony) and documentary (paper, maps, tapes, records). Being that you were involved in the accident, you should be able to provide testimony so you have evidence. On the other hand, a Judge has to weigh all of the evidence to determine fault/responsibility so your testimony only may not be enough. Other evidence could be the testimony of the speeding driver---does he admit to speeding, or does he admit to see you and you attempting to merge from a distance where he could and should have avoided the collision. Does he admit to speeding. The police/accident report is not really evidence, however if you can obtain a copy of the accident/police report, you can see what the other driver told the investigating officer, as well as whether or not the investigating indicated the existence of any other witnesses (and what they may have said) as well as whether he not any data, such as skid marks and.or signage. This could lead you to some admissible evidence in your favor. This is in part what lawyers to do build a case---if you have not contacted an accident/injury lawyer in your area, then you should do so and discuss your situation----many lawyers who practice accident/injury law will provide a free first consultation so take them up on it. Good luck.

Tim Akpinar agrees with this answer

A: I'm sorry about your accident. This is a tough case. Without video footage or impartial eyewitness testimony, it could be difficult to establish the speed of the other vehicle. Sometimes, experts could draw conclusions from the property damage. But that could be costly, especially in the realm of a claim that involves property damage only. You could reach out to local attorneys for more definitive guidance. I hope everyone involved is okay. Good luck

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