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  #1  
Old 07-24-2005, 01:09 PM
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Failure to yield,,,how do i plead?


undefinedWhat is the name of your state? New York State.
Hi, i was involved with a serious traffic accident in nys. Three people went to the hospitol,,,two in seriuos condition. A cross section is where it occured.
I was crossing a major two lane highway. Before i crossed, i came to a complete stop,,looked both ways,,proceeded to cross the highway,,and a truck was flying at me like a bullet. I slammed on my breaks ,and the truck tried to swerve out of my way, and as a result, ended up on two wheels and rolled. I got the ticket for failure to yield,,,but i did yield! How should i plead? Thank you
  #2  
Old 07-27-2005, 04:06 PM
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Quote:
Originally Posted by libnet
undefinedWhat is the name of your state? New York State.
Hi, i was involved with a serious traffic accident in nys. Three people went to the hospitol,,,two in seriuos condition. A cross section is where it occured.
I was crossing a major two lane highway. Before i crossed, i came to a complete stop,,looked both ways,,proceeded to cross the highway,,and a truck was flying at me like a bullet. I slammed on my breaks ,and the truck tried to swerve out of my way, and as a result, ended up on two wheels and rolled. I got the ticket for failure to yield,,,but i did yield! How should i plead? Thank you
You by your own admission failed to yield. While you stopped and looked both ways, you did not appreciate that it was not safe to proceed because the truck was traveling faster than you expected and did not have the right of way.
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  #3  
Old 07-27-2005, 04:10 PM
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Stopping in the path of an oncoming vehicle is not yielding.

the yielding is generally short for "yielding the right of way". In other words, you have to let the car that has the right of way continue dirving without modifying his behavior to account for you.

The truck had the right of way since you were crossing a major highway.
You pulled into the roadway and stopped, blocking his path (at least partially)
He had an accident because he had to modify his driving behavior to avoid you.

I don't think anybody else replied because it was so obvious that you are guilty based on your own statement. Get a lawyer - you're probably going to be sued over the injuries and the traffic citation will be the least of your worries.
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