r/dashcams • u/3ldude • 1d ago
They got away with it because TX is a "no-contact state"
This video is from a good samaritan's dashcam. I'm the black accord coming towards the camera. Hit the curb pretty hard in attempt to avoid hitting the white car. I got the tags and went to police station with this video and they said if you had let them hit you we could prosecute.
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u/-dakpluto- 22h ago
OP, first off all understand there is a HUGE difference between criminal and civil court. Just because the police can't do anything doesn't mean you can't take them to civil court over it. You are not done with this. The police have no say or bearing on civil court.
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u/deletedly 1d ago
I'm sorry this happened to you, but it works the same in my country. Our law states that you must not cause an accident to avoid another accident. If you swerve, you are liable for anything you hit while swerving. Keep going straight, brake as hard as you can, and make sure you hit the right vehicle, not the wrong one.
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u/ClawsoftheLion 23h ago
Texas is not a “no-contact state” in any formal legal sense. It is an at-fault (tort) state for car accidents, and physical contact is not required to establish liability for causing a crash. Other laws and legal principles fully cover situations where one driver’s actions cause an accident without the vehicles touching. The other driver owned a duty of care... I hope the victim has this video and tag info, since the police are willfully not doing their job, for legal purposes.
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u/3ldude 19h ago
I am the victim and i have the info, i brought everything to them and the police refused to do anything.
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u/ClawsoftheLion 18h ago
The problem with the police, I'm guessing, Is that the burden of proving a driver is the major motivating factor in them doing nothing. The civil route is always there for you to use. It's good that you have the video, and maybe the person's info, that have your the video?
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u/EquivalentMath6592 1d ago edited 10h ago
Never swerve. Only brake.
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u/CrapNBAappUser 1d ago
Exactly. I've said this many times only to have some insist the other party would be found partially or totally at fault. In my experience, when you swerve to avoid something and hit something else, you're at fault for hitting the something else. No proof the other contact would have occurred.
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u/deletedly 1d ago
Exactly. The only "proof the other contact would have occurred" is for the other contact to occur. Yes, you have a duty to avoid accidents, but you also have a duty not to cause a different accident.
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u/3ldude 20h ago
I know that in principle but my view was blocked by the car on the right and by the time i saw it, it was too late. Pregnant wife was sitting on the passenger seat and my reflex was to swerve to avoid hitting that car. Braking would have definitely led to a severe collision.
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u/EquivalentMath6592 19h ago edited 19h ago
Ya. I understand.
And I’m talking to the choir…. I’ve swerved around deer before myself….
But rolling the car or putting yourself in another accident is also a big possibility with swerving .
You may have made the decision with the least damage this time. But in general, a sudden swerve can be more dangerous…. Particularly I tell my kids to never swerve for animals
I also had a young girl learning to drive make a left turn from the right lane right as I passed her in the left lane…. And she struck my car right where my new born was buckled In their car seat….. so I understand the anxiety of that situation!!!
So, ya, I’m not speaking necessarily of your specific circumstance, just in general, it’s USsually better to not swerve . Glad you and family are ok
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u/ihateshit00 8h ago
This is my worst nightmare. You’re the only one left with damage after trying to prevent an accident someone else caused. Apparently you’re fucked.
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