Arkansas - Wrongful Wreckless Driving - Accident - Insurance worries

[unjustarkansas]

Arkansas State

Long involved story short. Two lane road.
I started to pass a 50ft motor home pulling a Denali SUV pulling a ~40ft utility trailer with a racing go cart/golf cart on it in a passing zone. I got less than 1/2 past the trailer and decided to abort. I slowed to re-enter my lane of travel. The motor home slowed to match me - forcing me to remain in the oncoming lane - this continued for several hundred feet. Passing zone ends. Begin travel around a very slight right handed curve. Motor home swings over yellow line and pulls sharply right to compensate, this whips the Denali SUV over the yellow line - which in turn sends the trailer crashing into the SIDE of my Honda accord.

Motor home hits and runs - continues travel. I continue past a low-water-bridge with guards - and pull over immediately.

No witnesses stopped.
State trooper onsite is very nice and helpful - I tell my story and we look at peices of debris on road. I was not cited for anything. He states it is clearly the other party's fault.

Motor home is eventually located. First they don't know they hit me - then say I tried to pass on the bridge. I follow officer to meet them - exchange insurance - and leave. Speak to officer 2 days later - completely changes his story. Accident is now all my fault and he threatens to ticket me if I continue to bother him.

I receive accident report a week later - I am placed at complete fault.
Now - my written accident report does not clearly say that they held me in the oncoming lane, and that I began to pass in an appropriate passing zone.

Today - I receive a ticket in the mail for wreckless driving statute 27-50-308.

Personal Opinion: The motor home speed-matching me is wreckless driving - you cannot speed-match a vehicle who is attempting to pass. You are supposed to remain traveling as normal. The man stated RIGHT in front of the officer that he saw me start to pass and tried to slow down to let me pass.

Worry #1: false ticket. I can probably get this taken under advisement - and pay the fine and move on - I'll eat what I have to.

Worry #2 - insurance - the inaccurate/false police report places me at fault. It's clearly my word against the other guys- but the officer clearly took sides with little to no justification. My car needs fixing - and I am not ready to take something on my insurance that is not my fault.

I talked to a few local lawyers and they suggested I try to get the ticket off my record - and either eat the insurance or go to court about it.

Any insights or suggestions would be greatly appreciated.
I’m a direly inadequately funded 20 year college student who is quite inexperienced with this sort of thing - although who would you believe? A 50yr old man driving a million dollar rig down the road or a 20yr old driving a Honda accord.
Guilty as charged.

 

[seniorjudge]

Arkansas State

Long involved story short. Two lane road.
I started to pass a 50ft motor home pulling a Denali SUV pulling a ~40ft utility trailer with a racing go cart/golf cart on it in a passing zone. I got less than 1/2 past the trailer and decided to abort. I slowed to re-enter my lane of travel. The motor home slowed to match me - forcing me to remain in the oncoming lane - this continued for several hundred feet. Passing zone ends. Begin travel around a very slight right handed curve. Motor home swings over yellow line and pulls sharply right to compensate, this whips the Denali SUV over the yellow line - which in turn sends the trailer crashing into the SIDE of my Honda accord.

Motor home hits and runs - continues travel. I continue past a low-water-bridge with guards - and pull over immediately.

No witnesses stopped.
State trooper onsite is very nice and helpful - I tell my story and we look at peices of debris on road. I was not cited for anything. He states it is clearly the other party's fault.

Motor home is eventually located. First they don't know they hit me - then say I tried to pass on the bridge. I follow officer to meet them - exchange insurance - and leave. Speak to officer 2 days later - completely changes his story. Accident is now all my fault and he threatens to ticket me if I continue to bother him.

I receive accident report a week later - I am placed at complete fault.
Now - my written accident report does not clearly say that they held me in the oncoming lane, and that I began to pass in an appropriate passing zone.

Today - I receive a ticket in the mail for wreckless driving statute 27-50-308.

Personal Opinion: The motor home speed-matching me is wreckless driving - you cannot speed-match a vehicle who is attempting to pass. You are supposed to remain traveling as normal. The man stated RIGHT in front of the officer that he saw me start to pass and tried to slow down to let me pass.

Worry #1: false ticket. I can probably get this taken under advisement - and pay the fine and move on - I'll eat what I have to.

Worry #2 - insurance - the inaccurate/false police report places me at fault. It's clearly my word against the other guys- but the officer clearly took sides with little to no justification. My car needs fixing - and I am not ready to take something on my insurance that is not my fault.

I talked to a few local lawyers and they suggested I try to get the ticket off my record - and either eat the insurance or go to court about it.

Any insights or suggestions would be greatly appreciated.
I’m a direly inadequately funded 20 year college student who is quite inexperienced with this sort of thing - although who would you believe? A 50yr old man driving a million dollar rig down the road or a 20yr old driving a Honda accord.
Guilty as charged.

Q: Worry #1: false ticket. I can probably get this taken under advisement - and pay the fine and move on - I'll eat what I have to.

A: Try for the diversion (see below).


Q: Worry #2 - insurance - the inaccurate/false police report places me at fault. It's clearly my word against the other guys- but the officer clearly took sides with little to no justification. My car needs fixing - and I am not ready to take something on my insurance that is not my fault.

A: You will have to have your insurance pay for this; bad guy was in his lane and you were in the passing lane.

 

[unjustarkansas]

So I shouldn't even try to hassle with the wrong police report and fanagling over who takes blame on their insurance - as I was in the passing lane so I am "more" at blame regardless?

Thanks for the reply.

 

[seniorjudge]

So I shouldn't even try to hassle with the wrong police report and fanagling over who takes blame on their insurance - as I was in the passing lane so I am "more" at blame regardless?

Thanks for the reply.

You are welcome.

Q: So I shouldn't even try to hassle with the wrong police report and fanagling over who takes blame on their insurance - as I was in the passing lane so I am "more" at blame regardless?

A: This is entirely up to you. I'll be the first to admit that the judge's decision here could go either way.


I am looking at it from a purely practical viewpoint ($$$) and thinking what is the cheapest way for you to get out of this is.

The answer is take the diversion and take the hit for the damage to the car. You could always sue the bad guy in small claims court, regardless of what happens in traffic court.

I know the kind of road you were on: in the hills where they have those three lane suicide roads up or down a hill.

I hate those things and am scared to death whenever I get on one.

 

[unjustarkansas]

Thanks again-

I guess I'm not understand what you mean by "taking the diversion".
In your first reply you said to "see below" about the diversion - but I didn't see anything to explain what that is.

 

[seniorjudge]

Thanks again-

I guess I'm not understand what you mean by "taking the diversion".
In your first reply you said to "see below" about the diversion - but I didn't see anything to explain what that is.

Ooops. Sorry.

Sincerely,

Senior Moment Judge



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

 

[lwpat]

A diversion or deferment is where you plead guilty and pay the fine but the citation is not entered on your record if you do not receive another ticket during the probation period. I'm not sure if Arkansas offers this but you can check with the clerk of court. In states that do offer a deferment it is usually not allowed for reckless or where there was an accident. It just depends on state law and what the judge will do.

You need to get this ticket dismissed and the at fault accident removed from your MVR. If not your insurance will go sky high. If the other driver was not local then he is not likely to return for court. The officer's testimony can be limited since he did not witness the accident. An attorney should be able to get this dismissed or reduced and will be cheaper in the long run.

Even if the other driver returns to testify how is he going to explain that he did not realize there was an accident. He should have been ticketed for failure to maintain his lane. In Arkansas you are allowed to pull two other vehicles but the combination you describe is dangerous.

 

[unjustarkansas]

thanks lwpat.
I understand I can debate the ticket in court.
I don't understand how I can debate the "fault" about the accident and "police report" in court. As in - what is the process to addres this? I guess a lawyer could pursue this?

 

[seniorjudge]

thanks lwpat.
I understand I can debate the ticket in court.
I don't understand how I can debate the "fault" about the accident and "police report" in court. As in - what is the process to addres this? I guess a lawyer could pursue this?

There is no debate in court.

If you want to plead not guilty, you will have a trial.