Should I go to court to argue?

[longjp]

I just got an accident. I made a left turn and hit by a truck. A cop came and issued me a ticket saying that I should have yield but I did not. I noticed the truck was moving very fast and the driver did say his speed was about 40 miles/hr (limit is 35). I want to go to court to argue that the accident wasn't caused by me but caused by the other driver because he was speeding and the cop's ticket was wrong. Both of us don't have witness.

What is your advice?

 

[I AM ALWAYS LIABLE]

I just got an accident. I made a left turn and hit by a truck. A cop came and issued me a ticket saying that I should have yield but I did not. I noticed the truck was moving very fast and the driver did say his speed was about 40 miles/hr (limit is 35). I want to go to court to argue that the accident wasn't caused by me but caused by the other driver because he was speeding and the cop's ticket was wrong. Both of us don't have witness.

What is your advice?

My response:

You'd lose. It doesn't matter if he was going 100 mph. Your left turn violated his "right of way", and it was that violation that was the "efficient proximate cause" of the accident. "But for" your left turn in front of the truck, the accident would never have happened.

IAAL

 

[aristides]

i work for an insurance company in north carolina. we have had similar incident like yours before and let me tell you-- the person usually going straight has the right of way unless there was a traffic or caution light at the intersection. here is north carolina you would have gotten a ticket for not exercising 'duty of care' to look both ways before proceeding, whether to other vehicle was speeding or not. duty of care states that you should make completely sure both ways are clear before proceeding, even though you may have seen the other vehicle far away, just make sure-- i really think this one is not in your favor.

 

[I AM ALWAYS LIABLE]

My response:

Gee, isn't that basically what I said ?

IAAL