<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Smashed car:
Yesterday I got a ruined car and a ticket for failure to yield, I was at a 2 way stop and had looked both ways and this person that hit me looked to be at a safe enough distance for me to cross the street, but low and behold I got hit, the police cited me with a ticket for failure to yeild, but they found an open bottle in the Hitter's car, plus the driver was drunk and had no insurance, I was wondering if I had any chance of fighting this in court, I feel it was a very unfair judgement considering the circumstances.<HR></BLOCKQUOTE>
My response:
Considering what circumstances? That he may have been intoxicated? Look, the reason you were cited is because the "efficient proximate cause" of the accident was that you impeded another's right-of-way. You didn't know he was intoxicated, or had no insurance (as if that matters insofar as "cause" is concerned) until * after * the accident.
Unless there are some other facts you're not telling us, you haven't a prayer.
IAAL
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