Help Please

[peaver]

Georgia

I pulled onto the interstate going around 65 to 70 mph keeping up with other traffic.... There was a car behind me and I had over an ample amount of distance to merge into his lane when my lane was ending. The guy hits me going around 85 to 90 mph. I have a friend with me, and we get out and the guy admits to having a "few" drinks, and that he was even on playing with his cellphone. My friend also witnessed the man saying all of this.. Well the police finally show up and they give me a ticket for failure to yield to oncoming traffic on an interstate. I have to go to court on the 27th can anyone give some advice?

 

[Tayla]

Your question is: can anyone give some advice.
My answer: Sure. What is your specific legal question(s)?

 

[peaver]

well i mean.. what should i do. I explained my situation. I got the citation for failure to yield and i still have to go to court. I have a witness who watched the guy try to get me not to call the police and saying that he was on his cellphone and that he had a "few" drinks. He was not breathilized or anything. i mean. when i merged into his lane, he was atleast 200 feet away from me. and i was going the correct speed limit along with other traffic, and the guy just hit me in the tail and totalled my truck. Should i try to fight this when i go to court, and risk losing my license? do i have a case? Isnt it negligence because we were in heavy traffic and in heavy traffic it is expected to lower your speed?

 

[Tayla]

well i mean.. what should i do. I explained my situation. I got the citation for failure to yield and i still have to go to court. I have a witness who watched the guy try to get me not to call the police and saying that he was on his cellphone and that he had a "few" drinks. He was not breathilized or anything. i mean. when i merged into his lane, he was atleast 200 feet away from me. and i was going the correct speed limit along with other traffic, and the guy just hit me in the tail and totalled my truck. Should i try to fight this when i go to court, and risk losing my license? do i have a case? Isnt it negligence because we were in heavy traffic and in heavy traffic it is expected to lower your speed?

1: What Professional expert do you plan to present showing speed during time of impact. Were there any unbias witness's that you can request at your preceding? Have you thought about requesting a postponement til you can talk with your insurance agency and a lawyer? have you received the police report? Did you have your turn signal on to indicate you were merging into his lane?
3: I find this case , based solely on the extreme limited statements here to be in favor of the car you intercepted with. Reason: He had the right of way and you interceded into his path of motion. You were crossing into his lane of traffic at an UNSAFE speed. 65-70 mph is not going to be looked upon highly by a judge. And just so you know- negligence will NOT be plausible .
Best for you to research what critereas must be met in a court of law to claim negligence.
At best you'll both be found partly responsible for not maintaining safe distance , safe speed, and maintaining control of your vehichles.
So simply put. Get in touch with your insurance agent. Appear at court for your citation. Seek Legal counsel if looking to fight the citation.

 

[peaver]

What do you mean by What Professional expert do you plan to present ?

I had my turn signal on, my lane was ending and i allowed 3 cars to pass me before i merged into the lane. The man was over 200 feet behind me when i merged. I was at an unsafe speed? That is the speed on the interstate where i got on. The man was traveling at an unsafe speed because he was going around 15 to 20 mph faster than I was. He admitted to me and my friend that he had been drinking and that he was playing on his cellphone.

 

[Tayla]

What do you mean by What Professional expert do you plan to present ?

I had my turn signal on, my lane was ending and i allowed 3 cars to pass me before i merged into the lane. The man was over 200 feet behind me when i merged. I was at an unsafe speed? That is the speed on the interstate where i got on. The man was traveling at an unsafe speed because he was going around 15 to 20 mph faster than I was. He admitted to me and my friend that he had been drinking and that he was playing on his cellphone.

Okay. Sounds like you are as prepared as your going to be for this court hearing. I'd be curious what the judge says. Still--speak to a skilled para-legal or lawyer on how you may want to plead. Check the citation for how its coded and then research it on the Motor Vehicle Code Site for Georgia.
Hopefully someone else can help you on this matter.