Don't know who's really at fault

[Freckles7819]

What is the name of your state? OH

I was recently involved in a car accident (my first one EVER!) where no-one was injured, thankfully. I was attempting to make a left hand turn at an intersection where an F-150 was approaching with his right turn signal on. Assuming he was going to turn onto the road I was turning from, I began into the intersection. However, he didn't turn! I ended up hitting the side of his truck. I was cited with a failure to yield and the other driver was not cited at all, but the officer said that he would look into the local ordinances where it came to the other driver having signaled that he was going to turn. He advised me that I could go to court and plead no-contest and let the judge rule on whose fault it was. Is it worth going to court over? What are the chances that I will be absolved of the charges? It doesn't seem like an accident that warrants the need for a lawyer but since I've thankfully never been through anything like this before, I could use some advice. Thanks in advance for any help.What is the name of your state?

 

[racer72]

He advised me that I could go to court and plead no-contest and let the judge rule on whose fault it was.

The officer was incorrect. The purpose of fighting the ticket would be to prove whether you violated the law, not to determine fault for the accident. Fault for the accident would be determined in a civil court and only if one party sues the other. The judge can only rule in one of two ways, either find you guilty or not guilty. Even if you are found not guilty, you could still be held liable for the accident in a civil court. It would be in your best interest to talk to a local attorney for advice.

 

[Zigner]

This appears to be 100% your fault. You did not wait until the intersection was safe/clear before you made your left turn. Consider this - even if the other driver HAD turned, you could very well have still hit him if he were to travel slower than you expected.

 

[Freckles7819]

I agree that it was at least partially my fault for not waiting for him to turn, but I think I led you in the wrong direction when explaining the turns. He was traveling east and I was facing north going to make a west-bound turn. Had he turned, he never would have been in front of me.

 

[Zigner]

I agree that it was at least partially my fault for not waiting for him to turn, but I think I led you in the wrong direction when explaining the turns. He was traveling east and I was facing north going to make a west-bound turn. Had he turned, he never would have been in front of me.

Ok, then I'm wrong about my hypothetical situation. But that still leaves us with the fact that you did NOT wait for the intersection to be safe/clear.
Perhaps the other driver had his signal on to indicate his intention to turn in to a driveway just past the intersection. Perhaps he had just finished a lane change and didn't have the chance to turn off his signal yet. It really doesn't matter though, as you didn't wait for the intersection to be clear.

 

[teflon_jones]

You are at fault for the accident. Regardless of whether the other driving is signaling, you're responsible for making sure your path is clear.

If you have a clean driving record, plead not guilty and explain the situation to the judge and ask for leniency based primarily on your clean record. The fact that you saw the other driver signal but not turn should just be mentioned as to the "why" you hit the other vehicle, but don't use that to argue you shouldn't get a ticket on your record because you are at fault.