What should I say in the court for my case?

Question

Yesterday I ( I am 18) was riding my bike on the sidewalk, when I was crossing the street (it says walk and the light was green), a car hit me, both my bike and I fell on the ground. The driver got out of the car and asked if I was okay. I only had two bruises at the time and did not feel pain so I said yes I was okay. The man behind the car that hit me saw the accident and got out of the car and screamed at the woman as she was going back into her car, "Don't you leave; it's your fault; I am calling the police!" The driver's hushand heard this and yelled at the man, " Don't you talk to my wife like that!" After that, the wife told the husband to hop in and they drove away without anything, didn't even say anything about my bike which is completely destroyed. My friend memorized their license plate and there were many witnesses. Some guy even called the cops and they came by within minutes. They ended up chasing the car that hit me. The end result is that I am going to the court sometime next month and hopefully she will be considered guilty for hitting me and her misconduct and hit and run, and hopefully I will be compensated for my destroyed bike.

So, that's what happend. Does anyone know what I should say in the court to show that she was guilty. She looked like she knew how to defend herself, I just want to make sure that I win the case.

Answer 1

You have confused concepts of civil and criminal law.  The taxpayers will pay for criminal prosecution.  The investigation is handled by police and the criminal prosecution by the DA or prosecutor.  Then end result of that could be imprisonment, but it does not result in pivate compensation for you.  You are responsible for pursuing your private interests at your own expense.  If the driver had insurance, it is a bit easier.  If they did not have insurance, then it can be quite difficult.   You need to contact the driver (get the contact info from the police reports) and start your demand for compensation.  If he has insurance, you can then contact his insurer directly.  If you do not like the settlement offer from the insurer, then you sue the driver and his insurer will defend the suit and pay any judgment.

Answer 2

make notes now.

you will be surprised how your memory fades in a month.

You need to recall everything that happened, and write it down. EVERYTHING.

Write down the time of day, the approx temperature, where you were going, the color of the car, what the woman was wearin, what the witness looked like, his age, etc.

Meanwhile, you need to call the police, and ask for a copy of the police report. Tell them you need it to contact the drivers insurance company. Contact their insurance company, and tell them what happened. You will need to find out what the replacement cost of your bike is, and do not settle for less. (Sometimes if you hint to the insurance company that you may need to go to the doctor to make sure you are not injured, they will settle quickly if you sign a waiver to sue further.)

Answer 3

basically, since the truth's on your side... you should might as well tell the truth...

exaggerate... and they would have doubts about the falsity of your statement...

tell an understatement... and well... you know what happens... :D

but, of course, it's your choice... that's just what i'll do if i was in your case... :D

Answer 4

Patrick is right.  Make notes and tell the truth.

If you can get statements from the witnesses that would be a huge help.

Answer 5

Just tell the truth and answer the questions in court.  That's all you can do.  If you start adding to the story or throwing in too much then you will actually be making your position less credible.

Answer 6

your at fault also

by law you have to walk a bike across any roadway not ride.

also  you have to check all roads before proceeding to insure that all traffic  has stopped a green walk sign isnt sufficient  

in court tell the truth lying will get you no where but jail on a perjury charge

Answer 7

The police report should show who their insurance carrier on their vehicle is and you should file a claim for your bike with the insurance company.

All you have to say it your recollection of the events as they happened; this is a criminal case, not a civil one, so it has nothing to do with you or or your bike, it has to do her misdeed.

It be compensated for your bike, a win in the criminal case can boost a claim against their insurance company.  If they did not have any insurance, it is more likely the driver will go to jail but make it very hard for you ever to collect even if you would go to Small Claims Court and win a Judgment.

Answer 8

the the truth, the whole truth, and nothing but the truth!! =)

i feel bad for you too. i would be terrified and in shock if i got hit by a car!

Answer 9

The police will handle arrest and prosecution for the criminal law part.

For civil law-

She has no defense.

There were witnesses, impartial witnesses that saw this happen.

1. Get a copy of the police report.

2. Did they make any pics? If so, get them. If not, if you have any injuries, make photos.

3. Go to the ER and get a medical report. Even if you have no visible injuries, there could be issues that you are not aware of.

4.Make some pics of your mangled bike.

5. Do you know any of the witnesses? Make sure that you have their contact info. It should be on the police report.

6. Get an invoice for your ER trip

7. Get an estimate on an exact model of your bike.

8. Have someone attend court with you for moral support. If it's a couple of witnesses, even better.

* You ARE NOT at fault. Bicycles on roadways have the right-of-way.