Marijuana found in car after Austin, Texas autoaccident. Who is at fault?

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Marijuana found in car after Austin, Texas autoaccident. Who is at fault?

I lived in Austin, Texas.  I was in an auto accident. I was turning left from a median with no traffic red-light. The other car hit my car while going straight. Police found marijuana on one person on the other car. The driver admitted speeding in the police report. One other person in the other car ran away after the car accident despite head injury according to the police report. The common law states that the person who turn left is a fault (me). In this case who was at fault since  marijuana was found in the other car and the driver admitted he was speeding.

Asked on April 5, 2009 under Accident Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Depends.  This is a pretty broad question. Did you turn left when you had a red light? If so, you would probably be automatically at fault.  Was marijuana found in the car or did the person smoke it.  Was there a way to determine speed of the other vehicle? Did the police write a report? If so, what does it say? If you don't have it, get it.  Did the report say who is at fault? Did the report indicate if the police arrested or fined any of the individuals in the other vehicle for marijuana?  Just because it is in the car and the presumption is the operator of the vehicle knew, doesn't mean it happens all the time.  Are you contesting your insurance company's investigation into the matter? Were you ticketed? Did you get points on your driving record for it? 

These are some of the questions you need to ask before you decide what needs to occur next.  If you are injured you may want to consult an Austin, Texas auto accident lawyer.


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