Can I beat this careless driving ticket - accident while taking a left turn?

[sawa8388]

What is the name of your state (only U.S. law)? NJ

I was taking a left turn off a road onto a small lane (speed limit: 40mph, total 4 lanes on my road - 2 in either direction). The first lane I crossed over was backed up with cars (taking a left turn onto my side of the road). I paused there to check for oncoming traffic (didn't see any) and then went through with the turn. The traffic backup was long enough that I might have missed somebody far down the road. Plus the road is slightly curvy and near the summit of a slope around where I took the turn, so it is also possible to miss somebody on the other side of the slope. However to the best of my knowledge there was no-one there - the above observations are made in hindsight.

I was midway through my turn when another car slammed into the right side of my car - the impact was mainly between mid and rear parts of my car. Nobody was hurt in the accident (airbags deployed).

The officer who came to the scene later gave me a ticket as the other driver technically has right-of-way (seeing as I was turning across his side of the road). It did appear as though the other driver was going well over the speed limit as I definitely did not see him at all when I made the turn (plus his reaction when the officer remarked on his possible speed). He may have been on the phone as well - but I have no way of telling.

The accident date is erroneous on the ticket as well as errors on the police report regarding my own details. Is it possible for me to mount any kind of defense here? I have no other witnesses. I have taken some photos of the place to show that it is possible to miss oncoming cars.

This is my second ticket, the other one was also for careless driving from 2 years ago.

 

[ElvinMelvin]

In NJ, if you are involved in an accident while making a left-hand turn it is very difficult (read "nigh impossible") to beat it.

The fact is that the oncoming driver had the right of way, and it was your responsibility to make sure the way was clear before you proceeded.

You have no way of proving that the other driver was speeding, and even if you could prove it, it was still your responsibility to be certain you could make the turn safely.

As far as photos showing that it's "possible to miss oncoming cars?" Doesn't matter in the slightest. If you were unable to ascertain that it was safe to make the turn, then the turn was improper.

 

[sawa8388]

Ah damn. I'm guessing the errors on ticket/report will simply be dismissed as clerical then.
I understand your point that the onus is on me as I'm turning. Seems a little unfair, that's all, given the scenario.

I also have some phone camera photos (ergo, a little blurry) from the scene showing that the damage was more towards the rear door of the car. I also have the insurance report about the damage which verifies this. Could those help in any way to show that the other driver was probably not paying attention or something?

 

[Zigner]

Ah damn. I'm guessing the errors on ticket/report will simply be dismissed as clerical then.
I understand your point that the onus is on me as I'm turning. Seems a little unfair, that's all, given the scenario.

I also have some phone camera photos (ergo, a little blurry) from the scene showing that the damage was more towards the rear door of the car. I also have the insurance report about the damage which verifies this. Could those help in any way to show that the other driver was probably not paying attention or something?

Are you joking? Don't you get it? YOU were required to yield to oncoming traffic. You state that you couldn't really see. So, instead of being more cautious, you BLINDLY proceeded with the turn, causing an accident. YOU were the one who was driving carelessly, and you got cited for it.

 

[sawa8388]

Are you joking? Don't you get it? YOU were required to yield to oncoming traffic. You state that you couldn't really see. So, instead of being more cautious, you BLINDLY proceeded with the turn, causing an accident. YOU were the one who was driving carelessly, and you got cited for it.

I stated that on HINDSIGHT, I see how one could miss oncoming traffic - traffic that is over 50 feet away and coming over a hill well over the speed limit of 40 mph. I have also stated that when I yielded to check for traffic before making the turn, there was no-one there.

I know it can seem that I have been really careless, that I blindly took the turn, and am now trying to get away with it. I really did do what I was supposed to before making the left turn and was still involved in an accident. So no, I'm not joking, and I get it. I'm guessing you are duplicating the attitude of a judge to my case - I was just trying to see if there was any way I can change that.

 

[ElvinMelvin]

I have also stated that when I yielded to check for traffic before making the turn, there was no-one there.

Then who hit you?

 

[sawa8388]

He may have been out-of-sight from my POV when I checked.
Even though I would have needed superhuman powers to see him, your point is valid.

Thanks.

 

[Zigner]

He may have been out-of-sight from my POV when I checked.
Even though I would have needed superhuman powers to see him, your point is valid.

Thanks.

If you could not see enough to make the left turn SAFELY, then you should have waited. It's really pretty clear cut.

 

[sawa8388]

Given the road at that place, I don't think I would have seen him no matter how long I would have waited there
Sadly no use in mounting a defense.

Thanks.

 

[Zigner]

Given the road at that place, I don't think I would have seen him no matter how long I would have waited there
Sadly no use in mounting a defense.

Thanks.

See, the problem is that you don't/won't comprehend that YOU WERE AT FAULT. If you don't/won't get that, then you will have real trouble in court.