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FelixGER

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Built like a tank indeed! Sorry for your loss!

I wonder how you will be able to prove the 10 mph and no lights thing. surely, his rear lights were destroyed and all you can see from the impact ist Delta V. Police could say the one you crashed in drove 65 and you drove 120.

Fun fact: In Germany the one who hits a car in the rear is always causer, no matter what.
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Flak

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It's that way in many states too. Even when not clear cut case where no witnesses it's all he said she said, going to come down to the fact that one car hit another regardless of circumstances. Contributory negligence with witnesses/confession/black box data, but that doesn't necessarily absolve other driver.
 

Spartan

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It's that way in many states too. Even when not clear cut case where no witnesses it's all he said she said, going to come down to the fact that one car hit another regardless of circumstances. Contributory negligence with witnesses/confession/black box data, but that doesn't necessarily absolve other driver.
Yah I was going to say something like this but there are exceptions...I mean if he is going the speed limit and the car in front of him was not visible and was going at a rate of speed unacceptable for the road with no lights, then he might have a case. But the problem is you have to have the proof or witnesses to back you up.

One time, a guy pulled out in front of my mother at a intersection where she had the right of way (no stop for her) at night. When he came over to see how she was, he tried to reach in the car and turn off her lights to try to get out of the accident. Lets say the cops didn't approve of that.
 
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robb

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This is why I have a dashcam.
 

nate

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Often crash scene investigators can tell how fast the two cars would have been going at impact (V1 and V2, not just deltaV) based on how far they rolled after the collision (which can be established using eyewitness testimony or evidence on the road surface, such as skid marks). OP, given this info I highly recommend you examine closely your estimate of 10mph before making an official statement. Even if the person were doing 30mph, evidence thereto could discredit your testimony. Likewise, OP, if you were speeding - even 75mph in a 65 - it'll be very hard to put fault on the other driver.

Texas is a "partial liability" state - if OP can prove the other party didn't have their lights on and was going 10mph, they'll probably split fault in arbitration. However, in any rear-ender, the null hypothesis is it's the fault of the person from behind - so the burden of proof lies with OP.

Finally, benefits of doubt tend not to rest with the guy with the brand new sportscar. I wasn't there, I can't say what happened, but I wish you the best of luck and I congratulate you for not suffering serious injury.
 

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Reaper

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This is why I have a dashcam.
Can dashcam's be considered self-incriminating evidence in various scenarios as well?
 

activeGT

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Can dashcam's be considered self-incriminating evidence in various scenarios as well?
Ah, yeah. If you caused the wreck and are stupid enough to admit it. ;)
 

nate

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robb

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Can dashcam's be considered self-incriminating evidence in various scenarios as well?
If it's your bad, then..."what dash cam...I don't have a dashcam".

Here is a picture of a 2x4 flying at my SUV caught by my dashcam. The road construction crew had no choice but to pay up.
dashcam.jpg
 

nate

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If it's your bad, then..."what dash cam...I don't have a dashcam".

Here is a picture of a 2x4 flying at my SUV caught by my dashcam. The road construction crew had no choice but to pay up.

Sweet pic, and a great example of dashcam usefulness!
 

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robb

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Sweet pic, and a great example of dashcam usefulness!
If I was on my motorcycle it would have killed me. It came from the road crew working on top of the overpass...which was also on my video in earlier frames.
 

Clink

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If I was on my motorcycle it would have killed me. It came from the road crew working on top of the overpass...which was also on my video in earlier frames.
Wow I'm gonna need to get one of these, will check yours out at the meet this weekend.
 

robb

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I have the Mobius ActionCam Wide Angle. They cost around $100 with windshield suction mount, plus whaever size memory card you put in it. It takes excellent fast data rate 1080p video.

If you go a cheaper route there's the G1W for about $50. The key is getting one with WDR night vision which bring in more light. My Mobius is excellent at night.

http://dashboardcamerareviews.com/category/price/affordable/
 

robb

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Dashcams with WDR night vision are what I suggest. Here is a night video you may enjoy.

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