failure to yeild resulting in accident

[Mollylaa]

What is the name of your state? Wisconsin

The night before thanksgiving, I was run into by some teenagers while trying to drive across an intersection. I had a stop sign, and the cross street did not. The street I was crossing is 2 lanes, 1 in each direction. Traffic to my left (eastbound) was not coming, due to a light one block down. Traffic to my right (westbound) was backed up for several blocks due to the same light. Someone stopped in the westbound lane leaving the intersection clear so that I could go through. There were 3 or 4 other cars that stopped behind him in the westbound lane; they couldn't progress down the street anyway because of the red light one block down. I stopped at the stop sign and then proceeded through the intersection, as westbound traffic had stopped to allow. Then these kids went around the stopped traffic in the westbound lane on the right and sped through the intersection in a parking lane. They ran into me and totaled my car. I couldn't see them coming until the last second because of the stopped cars in the westbound lane, and I was almost completely through the intersection when they hit me.

The cops came and they gave me a ticket for failure to yeild at an uncontrolled intersection. My insurance company also agrees that the majority of the fault is mine. This will cost me 4 points on my license and an $80 fee. I'm not worried about the fee, but I've never had a moving violation before and feel it is unfair to be held completely accountable for the accident as it was the other people who ran into me and they were driving too fast in a lane not meant for moving traffic. I stopped and yielded to the traffic in the eastbound and westbound lanes of the street- the only two lanes of traffic. The cops said they "didn't know" whether they were going to give the other driver a ticket or not, because they had to go back and check the official law. Do I have a case if I go to court? Can I argue this down to a lesser offense? What can I do to help plead my case to a judge?

Thanks.

[gkisystems]

If you plea not guilty, you are pretty much guaranteed a lesser charge. For instance, you might expect to pay the $80 fine and just get 2 points instead of 4. That's really not the big problem though; it's the accident that resulted from the actions on that day & what's going to happen to your insurance rates.

The insurance company cannot determine who is at fault, per se. They just determine if there is enough fault to exist that they should pay out a claim. The real fault finding is done at trial.

Here's my suggestion:

1. Argue with the prosecutor and explain to him what happened. Ask for a 0-point violation and have it show up as "miscellaneous" on your driving record. If he agrees to this, you have a good shot dealing with the insurance company.

2. If you can't come to an agreement, fight your case at trial. Once you win, you can sue the pants off the people that hit you. This way, you'll actually get some money out of the deal and your insurance rates will stay under control.

The police are idiots. Clearly, the teenage driver should get a citation for:

346.07(2)

The operator of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

[Hey There]

12-11-07

Mollylaa,

If you type in __(Discovery for Traffic Ticket)__on a Google Search, information on how to obtain a copy of the officers' notes, and information that would be used in court is given.
How to obtain a copy of the officer's notes is also described in a book published by NOLO on beating traffic tickets, which should be available at a local library.
At Google, by typing in Help! I Got A Ticket!, a description of how to deal with a traffic ticket gives concise steps from requesting Discovery thru trial and appeal.A form requesting Discovery can be downloaded.
If Discovery isn't available or restricted in Wisconsin, or a time limit has been set that has been missed, another option to obtain the information is to file a Request for Public Records on information pertaining to your case.
Another website on Google Search is:
(Speeding Ticket--Fighting or Plea Bargaining)--Clicking on
(Table of Contents at the bottom of each page )will give a complete description of preparing for trial, basic rights, discovery, time in court, raising objections,cross-examing the officer. Although the questions refer to speeding specifically, the questions give a framework of how to ask questions of the officer in court.
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Request for a jury trial
Traffic Court Rules in Wisconsin 345.43(1)
(1) If a case has been transferred under s. 800.04 (1) (d), or IF in circuit court either party files a written demand for a jury trial within 10 days AFTER the defendant enters a plea of not guilty under s. 345.3 and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar of the circuit court. The number of jurors shall be 6. If no party demands a trial by jury, the right to trial by jury is permanently waived, or as stated in the book on beating a traffic ticket published by NOLO ,a jury trial is a yes with a written demand and payment of a fee.
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345.45 Burden of proof. The standard of proof for conviction of any person charged with violation of any traffic regulation shall be evidence that is clear, satisfactory and convincing.
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Wisconsin Statutes, Section 345 on Google:
will lead you to the following website:
Wisconsin statutes - Wisconsin Department of Transportation Wisconsin statutes arranged by transportation topic, hosted by the Wisconsin ... Vehicles-civil and criminal liability (chapter 345) Discovery rules are listed under 345.421.
Appeal for a new trial if ruled against, must be requested.
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The Insurance Co. ,according to your post , doesn't asign ALL of the blame for the accident on you. Do you have a statement from your insurance company?
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There are lawyers who will give one consultation for free and explain what your options are who may be available in your area. And of course on the internet, but I have no experience with the later.

Regards,
Hey There