I was recently in a car crash that was caused when I made a left turn and the on-coming traffic then collided. I saw the car from a distance and knew I had time to make the turn, and almost made it. I admit, I simply should have waited for it to be clear. The thing is, the car was going over 40 mph in attempts of speeding through the light. I currently have witnesses that could support this and will be calling the other drivers insurance to make a statement. At the time, I was told by my stepdad that I was put under the car's policy, but didn't come out to be true. I'm aware I am at fault, but would proving she was speeding help at all? I am a financially struggling college student and have no money. Would it be possible, and if so, to negotiate with the other insurance in reaching a settlement in order to avoid court?
First, you say you knew you had time to make the left turn. Obviously, that was not the case.
Second, you say you have witnesses that can testify that the other driver was speeding. The problem with that is lay witnesses are not trained to calculate a driver's speed by visual observation, so unless one of these witnesses was traveling behind the other driver and can testify that he or she was able to clock the driver's speed by comparing the witnesses speedometer with the other car's speed and confirm that it was doing more than the speed limit, that testimony will be inadmissible.
Since you don't have any applicable insurance, your only option at this time would be to negotiate with the other person's insurance company prior to a lawsuit filed against you/trial. You can attempt to negotiate the liability percentages of both drivers, but I don't see them giving you much of a break there. Texas is what is called a "modified comparative negligence" state, which means that a driver can be assessed anywhere from 0% liability to 100% liability, but if a driver's liability is over 50%, he or she is barred from any recovery against the other person.
You can also attempt to negotiate the amount being claimed and/or set up a payment plan if the insurance company is willing.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline