• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

At fault Accident, Arguments for Ticket

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A.Hennig

Junior Member
What is the name of your state (only U.S. law)? Illinois

I was in far left lane of double left turn lane. At beginning of turn into 4-way intersection, driver 2 hit my right rear bumper. 1st officer took statement from driver 2 but report was completed by 2nd officer. Driver 2 was released from scene. Statement was not taken from me until I inquired with the 2nd officer of "who was at fault and what sitations are being issued?". To my surprise, I was at fault because driver 2 claimed I was attempting a U-turn. I was not and even if I was there is no posted traffic controls saying I could not. I expressed my frustration with the 2nd officer and requested he take my statement and he did. Also, driver 2 did start the conversation with the 1st officer with name dropping. How do I argue the ticket in court tomorrow?
 


ecmst12

Senior Member
Tell the truth. What is the evidence that you were attempting to make a U turn? How would the other driver have known it was a U turn instead of a left turn? Where was the other driver coming from? What kind of signal was there at the intersection?
 

A.Hennig

Junior Member
Driver 2 was directly behind me and my vehicle had just crossed the stop line. I was the 1st vehicle at the stop line. I had just started the turn when I felt the bump from behind. Thanks for your input.
 

Zigner

Senior Member, Non-Attorney
Driver 2 was directly behind me and my vehicle had just crossed the stop line. I was the 1st vehicle at the stop line. I had just started the turn when I felt the bump from behind. Thanks for your input.
What were you actually cited for?
 

A.Hennig

Junior Member
I believe "improper lane use in a intersection". It was under the IL law that has language about legal U-turns. (625 ILCS 5/11‑802) (from Ch. 95 1/2, par. 11‑802) or (625 ILCS 5/11‑801) (from Ch. 95 1/2, par. 11‑801). It does not make any sense how I could be at fault. I speculate it had something to do with the name dropping with the 1st officer and lack of investigation with the 2nd officer.
 
Last edited:

ecmst12

Senior Member
I think you have a decent chance in court, there's no evidence that you used the lane improperly. Sounds like the other driver decided he wanted to go straight and was trying to go around you and misjudged. What did your insurance company tell you?
 

A.Hennig

Junior Member
Our insurance, American Family, said we don't need to file a claim as of yet. Damages are only scraped paint and nothing is structural. I was waiting to see how the ticket is ruled on before I pay the deduct and start process with the insurance companies. I don't want to waste the money if I will not get it back.
 

ecmst12

Senior Member
You can bet the other driver is going to file a claim so you want to make sure your story is on record now.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top