Auto accident ticket: inaccurate citation?

What is the name of your state? Texas

I was involved in an accident in a company's parking lot. I backed out and hit a vehicle who was traveling down the lane. A police officer was called and he cited me for "failure to yield right of way - leaving a private drive". The other person was speeding and had no reason to be in the lot except for it being a short cut, but I realize technically it is my fault, because their vehicle was in motion before mine was. The other vehicles damage starts at their passenger door and travels along the body to the rear wheel while mine is the left rear of my car.

From what I understand failure to yield involves entering or crossing an intersection of some sort, but since I was merely backing up out my little parking space does this apply to me? Does "failure to yield right of way - leaving a private drive" have a broader interpretation? Are these grounds for dismissal or can the officer simply amend the ticket to something that more accurately reflects the accident?

Thanks for your time.

Your description of the accident is a perfect example of failure to yield. Try again or see a local attorney for other options.

So even though the ticket says "Failure To Yield Right Of Way - Leaving a Private Drive" and I was not at that time leaving a private drive, the legal meaning includes backing out of a parking space in a parking lot?

Close enough. If every law was written to cover every possible situation every state would have millions of different laws.

If we're talking about 545.155 I would argue that it's not a violation. Not because from where you were backing, but where you were backing into. From my reading of your initial post, you struck a car also driving in the parking lot as opposed to the road. The rule covers entering a "HIGHWAY" (which means any public road) rather than hitting another card in a private parking lot.

FlyingRon said:

If we're talking about 545.155 I would argue that it's not a violation. Not because from where you were backing, but where you were backing into. From my reading of your initial post, you struck a car also driving in the parking lot as opposed to the road. The rule covers entering a "HIGHWAY" (which means any public road) rather than hitting another card in a private parking lot.

Click to expand...

Ron -
Please post the exact definition of "highway" from the OP's state before you make such a statement.
In *my* state, "highway" could very well apply in the OP's situation. Since you brought it up - you look it up

Hey Zig, don't you think I bothered to look it up at the same time I looked up the statute I was guessing he was charged with (it has the same title as the charge he mentioned).

HIGHWAY in Texas refers to just about any public roadway or toll road. It appears NOT to apply to parking lots. It doesn't even seem to apply to private road ways (as it does in other states). I said that in my post.

I'm not going to argue what your state says. Since you brought it up, you can go freaking look it up. Your post contributes nothing to this discussion.

FlyingRon said:

Hey Zig, don't you think I bothered to look it up at the same time I looked up the statute I was guessing he was charged with (it has the same title as the charge he mentioned).

HIGHWAY in Texas refers to just about any public roadway or toll road. It appears NOT to apply to parking lots. It doesn't even seem to apply to private road ways (as it does in other states). I said that in my post.

I'm not going to argue what your state says. Since you brought it up, you can go freaking look it up. Your post contributes nothing to this discussion.

Click to expand...

That's what I was asking you to clarify. If you DID research it, then say so. My post contributed clarity, which you avoided in your earlier post. Thanks for clearing it up. And have a great day Ron