I have no case because the police report states I am at fault despite the driver that hit me was arrested for DUI at the scene.

Asked almost 2 years ago - Van Nuys, CA

How can the poice know what this impaired person did as they did not witness the accident? They are blaming me. I was making a left turn onto a busy street. There was no car in my scope of vision as I attempted to make this turn safely. Both lights east and west were red.
The impaired driver hit my car on the side doors and rear axle (completely bent). My car spun around and stopped heading the opposite direction. He would have to be going at a high rate of speed in order to do such damage. My car was totalled. Additionally, he was unlicensed and uninsured driving his girlfriend's car. My driving record is completely clear for 50 years. I was not at fault and I did not cut in front of him. I have not seen the report but my attorney says "no case".

Attorney answers (5)

  1. David J. McCormick

    Contributor Level 20


    Lawyers agree

    Answered . Get the accident report and consult with another attorney. Since you were making a left turn you must yield the right of way to oncoming traffic. However, if he was speeding then he could forfeit the right of way.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Sounds like you should call a car accident lawyer for another opinion. You can find one by using Avvo's "find a lawyer" tool.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Timothy Ryan Brown

    Contributor Level 9


    Lawyers agree

    Answered . Consult a local attorney; especially if you were injured.

  4. Paul J Molinaro


    Contributor Level 18


    Lawyers agree

    Answered . Police reports so not have the final say on who was at fault in a motor vehicle accident. While the responding officer's testimony may be highly regarded, it is not infallible. A good personal injury attorney should be able to help a victim reveal the truth to a jury even when the police report is wrong.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    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.

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    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  5. Manuel Alzamora Juarez

    Contributor Level 20


    Lawyers agree

    Answered . Go to another lawyer. An auto accident lawyer is trained to determine facts which are important to your case. All my colleagues have indicated that a traffic attorney may be able to help. A reconstruction expert may be able to determine the speed at which this individual was driving. If you were injured get a lawyer right away, Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

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