How do I dispute fault in an auto accident?

Asked over 1 year ago - Escondido, CA

I was in an auto accident where I was making a left hand turn and was hit by the person behind me. The person behind me t-boned my car on the driver's side. I just got a copy of the face sheet from CHP and they are saying I am at fault because I didn't use my blinker to turn. I was trapped in my car because the impact was so hard. I was extracted by the paramedics and taken directly to the ambulance where I went to the hospital. I did not get a chance to speak to the police officer that responded. How did the officer determine if I was using my blinker or not when this happened and how can I dispute how he assigned fault? The officer was not present, he was called in to the scene. There were no witnesses present other than the driver's wife. My passenger was taken to the hospital as well.

Additional information

Since the officer wasn't present at the scene, wouldn't it be heresay if my blinker was or was not used? The person who hit me crossed over a double yellow, driving on the opposing side of the road and impacted my car while I was perpindicular to the road I was turning from. This was on a 2 lane road (one lane going either direction).

Attorney answers (7)

  1. Scott Richard Kaufman

    Contributor Level 20

    8

    Lawyers agree

    Answered . Sorry this happened to you. Take a deep breath and think about this. While it's not a plus that you were hit whether or not your blinker was one, you WERE in fact hit. Now, if you were in a right hand lane and turned left and someone hit you, that clearly is your fault. Otherwise, blinker or not, I think the person who was behind you must have been in a big rush to hit you in a T bone fashion while you are turning left. It's EARLY in the process. Get yourself taken care of healthwise and get a decent personal injury atty.

    Feel free to call my office for a referral. We have a network of solid attorneys statewide we work with.

    http://www.calemons.com/

  2. Pius Joseph

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . You are right.Accident report is hearsay and not admissible evidence. At a very minimum your case appears to be one of comparative liability. You should not repair your vehicle until it is inspected and possibly seen by an expert.If I remember correct,an expert can conduct testing and determine if you activated your blinker prior to impact.

    Also you will need to hire counsel to protect your interests. If you have additional questions,feel free to call us at:1-800-743-4040.

  3. Steven Mark Sweat

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . You need to retain an attorney to review the accident report and make an independent analysis as to fault. The report is not conclusive. Do not make any statements to insurance representatives until you speak with an attorney. Our office handles these types of claims routinely and would be glad to review the case.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Paul J Molinaro

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . Insurance companies do not want to admit their insured is liable. Witnesses lie or get confused or make mistakes. Police reports are not the final decider (unlike George W. Bush) about who is at fault. Drivers who are at fault will try to avoid responsibility for the negligent actions. In addition, fault is not all or nothing. People can be held accountable for contributing to an accident but not held fully liable… in which case he or she will be liable for a portion of the damages done.

    What does one do when faced with such adverse parties and questions of who is at fault? The answer is... hire a lawyer. We personal injury lawyers are professionals who deal with recalcitrant insurance adjusters, sketchy witnesses, erroneous police reports, and responsibility shirkers every day... day in and day out. We take pride (and pleasure) in getting the truth to come out.

    That said, anyone who is physically injured in a motor vehicle accident should first get medical attention and second hire a personal injury lawyer... that means drivers, passengers, pedestrians, etc. (There could be someone in that etc. category... maybe a bystander who was sitting at a picnic table at In ‘N Out, comfortably enjoying a double-double, animal style of course, with a side of fries and sucking on a chocolate shake, when a car jumps the curb... but I digress). An experienced personal injury should be able to help his or her client prove (in court, which is the place with the final say) who is at fault. An experienced personal injury attorney should be able to understand all of the physical/medical conditions that his or her client suffers and be able to explain these conditions in easy to understand language to a jury. An experienced personal injury attorney should be able to maximize the amount of money his or her client will receive.

    The best part about hiring a personal injury attorney is that we offer free consultations and should we accept a case (and the client accepts us) we work on contingency. Thus, there is absolutely nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Don't put too much weight on the police report. Have a personal injury lawyer review the report and the details, so you have a better idea of the fault and liability.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Zev Rubinstein

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You should wate for a copy of the entire police report, to see if there are any independent witnesses. If there were any photographs taken at the scene which show the points of impact and the position of the vehicles after the accident, these can be used to show that the driver of the other vehicle acted unreasonably, and can be helpful. If you sustained serious injuries you should consult with an experienced personal injury attorney to explore all of your options. Even if the other parties insurance company disputes liability/fault you and your passenger can still pursue injury claims.

  7. Paul Eugene Lee

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I, too, agree with the others here. You need to first see a doctor and seek legal guidance. It's best to get all paper work pertaining to accident and go see a personal injury lawyer in your city.

    Best of luck!

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