I didn’t believe him.
It was a wide open area.
No other cars on the road.
It was a double lane highway.
Traffic in each direction.
It was a rural highway.
The accident happened at an intersection controlled by a traffic light.
It was just getting dark.
My client was a passenger in a friend’s car.
They were heading to work.
Her car was waiting to make a left hand turn.
The other driver was going straight.
The driver making a left hand turn has to judge distance if oncoming cars are approaching.
She began her left hand turn.
Half-way through the turn, the speeding driver slammed into the passenger side of her car, injuring my client.
Who’s at fault here?
The driver going straight said he had the green light.
Well, that’s one point in his favor.
The driver who was making a left turn apparently misjudged the distance of approaching cars when she began her left turn.
That’s a point in our favor.
In order to answer that question, it’s critical to find out his speed at the time.
“Sir, how far away were you from the intersection when you first saw the car you had an impact with?”
“About 500 feet.”
“And did you see that car the entire time, from when you first noticed it until you made contact with the car?”
“Did you maintain your speed the entire time from when you first saw that car till impact?” “Yes, up until I realized they were turning in front of me and then I slammed on my brakes.”
“How long did it take you to travel from the point you first noticed that car until you slammed on your brakes?”
“Maybe 10 seconds...”
“Did you change your speed at any time from when you first saw the other car until you slammed on your brakes?”
“What was the speed limit?” “50 mph”
“How far did you travel in that distance from when you first saw the other car until the impact at the intersection?
By getting the exact information about speed, time and distance from this driver, I was able to calculate, after his pre-trial testimony, exactly his speed right before the accident.
Since he was speeding, he was unable to avoid hitting the turning car.
Based upon the careless driver’s own testimony, I was able to show that his speed directly contributed to the happening of this car accident and that he was partially at fault.