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Old 04-21-2005, 03:05 PM
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Join Date: Apr 2005
Posts: 2

Given accident citation without being at fault


What is the name of your state?FLORIDA.
I was recently in an auto accident and was given the citation. I was turning left on a green left turn signal when I was forced to stop by a truck which was also turning left but forced to stop. The truck was forced to stop because a couple of cars from the opposite lane made a right turn into the trucks path causing it to stop, which caused me to stop behind him. So I was stopped in front of the cars from the opposite lane that were at a red light. As the truck drove up and I behind it a large city van struck the passenger side of my car, which caused my car to spin, hit the median, fly in the air and land on its side on top of the median. That area was a 40mph area and that van must have at least been going 65mph to cause all that damage to my car. When the officer arrived and asked me what happened I told him the situation. I told him that I believed that the driver of the van which was at the far right lane either ran the red light or was speeding to cut in front of the cars to the left of him to make the next left at the next light which was about 100 yards away and a city location. So then the officer asked the other driver what happened all the other driver said was that he didn't see me. So the officer came to me and told me that I was receiving the citation. When I asked him why he said "obstruction of path". Then I told the officer "how could that be if I had the green turning signal and I had the right of way. All he said was "because that's what I believed happened." So once again I explained to the officer that the van had to have run a red light because no other car was hit which meant that he was the only car that drove off from his lane. Also that there was another car that was turning behind me which avoided the accident and made it through the turn signal. "So how am I at fault?" I asked him. He didn't reply.
What should I do and how can I go about doing it?

Last edited by jf08; 04-21-2005 at 03:47 PM.
  #2  
Old 04-21-2005, 03:09 PM
seniorjudge
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Posts: n/a
Quote:
Originally Posted by jf08
What is the name of your state?FLORIDA.
I was recently in an auto accident and was given the citation. I was turning left on a green left turn signal when I was forced to stop by a truck which was also turning left but forced to stop. The truck was forced to stop because a couple of cars from the opposite lane made a right turn into the trucks path causing it to stop, which caused me to stop behind him. So I was stopped in front of the cars from the opposite lane that were at a red light. As the truck drove up and I behind it a large city van struck the passenger side of my car, which caused my car to spin, hit the median, fly in the air and land on its side on top of the median. That area was a 40mph area and that van must have at least been going 65mph to cause all that damage to my car. When the officer arrived and asked me what happened I told him the situation. I told him that I believed that the driver of the van which was at the far right lane either ran the red light or was speeding to cut in front of the cars to the left of him to make the next left at the next light which was about 100 yards away and a city location. So then the officer asked the other driver what happened all the other driver said was that he didn't see me. So the officer came to me and told me that I was receiving the citation. When I asked him why he said "obstruction of path". Then I told the officer "how could that be if I had the green turning signal and I had the right of way. All he said was "because that's what I believed happened." So once again I explained to the officer that the van had to have run a red light because no other car was hit which meant that he was the only car that drove off from his lane. Also that there was another car that was turning behind me which avoided the accident and made it through the turn signal. "So how am I at fault?" I asked him. He didn't reply. What should I do and how can I go about doing it.

Hire a lawyer.

Plead not guilty.

Have a jury trial.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

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