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How is the best way to prove my case that I was hit by someone running a red light?

Olive Branch, MS |

I am about to go to trial for a car accident I was in where someone ran a red light and hit me (I was making a left hand turn using a green turn arrow). At trial, I am being asked to prove my case. How is the best way to do this? The police report clearly states that he ran the light and there were witnesses.

There was one witness that is listed on the police report. The police took multiple photos of the scene and interviewed the witness and the other driver. I was not available to be interviewed as I was transported via ambulance to the hospital where I was kept over night.

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Attorney answers 5


The best way is to call an investigating police officer to trial that wrote a crash report, but your question doesn't say if one was made. If that is not available to you, then you need to recreate the intersection using a map or large recreation so people can understand the intersection, the lights/signs and where each car was at.

licensed attorney in Montana. Your specific state laws may be different.



There were 2 investigating officers. Should I subpoena them to trial? There also was a single witness with no relation to either party.


The best way would be by videotaped or photographic recording of the incident such as from an intersection traffic camera, local security cameras, or a witness's cell phone. However, having such a recording would be very unusual. The next best way would be by multiple witnesses who have no relation to the drivers. Next would be by a single witness.

Also helpful is physical evidence -- where each vehicle was hit; how much visible damage was done to each vehicle; where in the intersection the collision occurred (e.g., had one driver just entered the intersection but the other had crossed a couple of perpendicular traffic lanes); location, movement, and length of skid marks; location of debris; ending points of the the vehicles after the collision; etc. Proving excessive speed in relation to the posted speed limit signs can arguably indicate that a person was "gunning it" to try to beat a yellow light before it turns red.

Because there are so many ways that an accident can occur and how evidence indicates how the accident occurred, an experienced personal injury attorney may be able to help you with more information.



Would it be beneficial to subpoena the investigating officers and the witness? There was a single witness with no relation to either driver. My wife was also a witness.


Get a lawyer to present your testimony and subpoena witnesses. Do not wait til the last minute. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


A traffic camera

Stephen Wright Mullins

Stephen Wright Mullins


The police report itself is inadmissible on the issue of fault unless the officer saw the accident. You need to subpoena the witnessess and get them to testify live. In this contested factual situation you really need legal counsel and I would recommned you continue to trial to get an attorney. Just show up and advise the court you need an additional 30-60 days to seek legal counsel as you thought you could just enter the police report into evidence and have discovered it is more involved than that.


You really need a lawyer to help you sort through this.

The state of Mississippi does not certify lawyers in any specific category of law and the decision to hire an attorney should be taken only after careful consideration. My profile and any answers to questions given are strictly for the purpose of advertising my services. Nothing said should be inferred to create a lawyer/client relationship or be considered specific legal advice on your situation. Feel free to call me at 662-563-9625.

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