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failure to yield or speeding?

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DMC5584

Junior Member
What is the name of your state?What is the name of your state? California
I was involved in an accident and was cited with a "failure to yield" on a left turn. The car that hit me was speeding but the cop just showed up in the aftermath and gave me the blame. I was going north on a 4 lane boulevard to make a left turn into a 2 lane side-street in a "T" intersection. No traffic controls in the boulevard. A group of cars were coming south with enough room to turn - I started to turn left and as I was coming out of the center-opposite lane, a car appeared suddenly barreling in at great speed. I didn't have a chance to accelerate out, the incoming car didn't touch the brakes or swerve and hit me in the rear part of the cargo door of my VW van at about 30 deg. angle. The impact spun the van 180 deg. and rolled it on its side. The other car was a compact car, it didn't even ricocheted but plowed straight ahead and came to a stop still pointing forward in his lane quite a ways down. The other driver told the police he was going 25-30 mph. Speed limit is 30mph. The cop interviewed a witness in the line of cars from the side- street (about 2 cars back from the intersection) and she said I cut in front of the car. I didn't see him till the last seconds - it could be because he might have been passing but I can't be sure. I tried to tell the cop the guy was speeding and he responded that it's hard to prove. But I contend that he was speeding based on what happened to my van. Simple physics: a smaller car doen't do that to a heavier van at 25-30 mph.? Question: is this case something that I can contest in traffic court? If so, will I need lawyer representation? I've made some diagrams reconstructing the accident.
 


S

seniorjudge

Guest
When you are in the other person's lane of traffic, you cannot prove you were not failing to yield the right of way.

If you want, hire an accident reconstruction expert and a lawyer. Have $10K ready cash for a deposit.

Your diagrams will not be accepted in to evidence because you are not an expert. (Oh, call them "nondemonstrative" and you may get them in.)
 

Lynx 36

Member
You will be found mostly at fault f/ FTY. An experienced appraiser from your insurance company can look at the damage and be able to tell if the person was speeding when they came through the intersection.

I don't know if CA is a comparitive negligence state or not. But you are still looking at being at least 80% at fault anyway. The only difference is how much your insurance company will pay out.
 

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