I hit a car while backing up

Asked over 2 years ago - Denver, CO

I was driving a large truck and looked both ways turned on my lights and sound. The driver of the vehicle I hit, tried sliding by and ended up running into me! Am I at fault and what to do in court. I have witness statements.

Attorney answers (3)

  1. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . Car accidents can results in two lawsuits: (1) A suit filed by the People of the State of Colorado against you, alleging violations of the traffic laws in Colorado and (2) a suit biled by the other driver for property damage, personal injuries, or both.

    If you are facing the former, due toa traffic citation you received, and you have statements that exonerate you, you must make sure that the people who wrote such statements or made such statements are present in court to help you. The government must prove beyond a resonable doubt that you violated the law. Ane xperienced criminal defense attorney can help you make sure the witnesses are lined up on your side.

    If you are facing a property damage/personal injury suit, consult with your insurance company immediately. They are obligated to provide you with counsel and they are obligated to pay damages awards against you, up to your policy limits. If you did not have insurance, you are on your own and need to defend the case in a way that is very similar to the traffic case. Again, an experienced attorney can help you if you had no insurance, but you will most likely end up paying them hourly. In a civil case, the claimant does not have to prove his/her casse beyond a reasonable doubt -- the burden is a preponderance of the evidence which is like 51:49.

    Best of luck no matter the case!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Christopher Daniel Leroi

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I am not sure what your question really is. Is it just whether you are the at fault driver? Are you referencing traffic court or civil court? If you feel that you are not guilty of a traffic violation and even have witness statements to attest to that, by all means fight the ticket and set the case for trial. You must be broken guilty of improper backing or careless driving (or whatever you were charged with) beyond a reasonable doubt. The highest standard that we have.

  3. Martin W. Judnich

    Contributor Level 15

    2

    Lawyers agree

    Answered . are you criminally charged? If not, you are not likely to go to court, and the insurance will cover it. If you were cited, you should consult a local criminal defense attorney.

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