failure to yield right of way ticket... NEED HELP ASAP!

[lilkim481]

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

Hello,

I need some help here.... I was heading north, and decided to make a left turn into the entrance of a restaurant. I was in the turning lane, and needed to pass over two lanes to reach the driveway. It was rush-hour traffic, and there was a red light at the intersection that was near. Traffic was backed up, and the two lanes of traffic waved me to cross their lanes.

I was yielding to the traffic, and making my left turn. As soon as I went past the second lane, all i could see was a giant white and silver truck about to total my car. Sure enough.... he hit my passenger side, around the center half and rear door (4 door sedan).

The driver of the truck said.... "yeah i just looked up and all i seen was gold (my car color)". Where my car was hit..... there were no line markings for the right turn lane that he was going to enter. As soon as his truck got enough room, he jotted out from behind the traffic that waved me to go, and went to make a right turn so he could avoid the light...... he was impatient, was going to go up to the light, make a right, and then proceed around it so he wasnt stuck waiting.

Also, I had a witness, and she was on my side and she said she seen everything. She said he was just being impatient too, and that he gunned it as soon as he could. The cop refused to talk to her, but i still got her contact information. My car is now totaled and its become nothing but a huge mess with the insurance, blah blah. more then i need right now!

Now...

my question is..... if my car was struck before the solid white lines began for the right turning lane, where does that lane officially begin? does it begin whenever he could get his truck over enough to enter it? or do i have something to fight about in court?

Its not that i was failing to yield, when i was looking right out my window and trying to see around the two vehicles that waived me...but a matter of him being impatient, and I'm pretty sure he was on his cell phone too when he struck me.

should i try and fight the ticket? or just pay up...

HELP me! i need some advice. I tried looking this up online, and I'm not sure what the law says about when the lane is marked, if thats when it begins or not.

thanks!

 

[HomeGuru]

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

Hello,

I need some help here.... I was heading north, and decided to make a left turn into the entrance of a restaurant. I was in the turning lane, and needed to pass over two lanes to reach the driveway. It was rush-hour traffic, and there was a red light at the intersection that was near. Traffic was backed up, and the two lanes of traffic waved me to cross their lanes.

I was yielding to the traffic, and making my left turn. As soon as I went past the second lane, all i could see was a giant white and silver truck about to total my car. Sure enough.... he hit my passenger side, around the center half and rear door (4 door sedan).

The driver of the truck said.... "yeah i just looked up and all i seen was gold (my car color)". Where my car was hit..... there were no line markings for the right turn lane that he was going to enter. As soon as his truck got enough room, he jotted out from behind the traffic that waved me to go, and went to make a right turn so he could avoid the light...... he was impatient, was going to go up to the light, make a right, and then proceed around it so he wasnt stuck waiting.

Also, I had a witness, and she was on my side and she said she seen everything. She said he was just being impatient too, and that he gunned it as soon as he could. The cop refused to talk to her, but i still got her contact information. My car is now totaled and its become nothing but a huge mess with the insurance, blah blah. more then i need right now!

Now...

my question is..... if my car was struck before the solid white lines began for the right turning lane, where does that lane officially begin? does it begin whenever he could get his truck over enough to enter it? or do i have something to fight about in court?

Its not that i was failing to yield, when i was looking right out my window and trying to see around the two vehicles that waived me...but a matter of him being impatient, and I'm pretty sure he was on his cell phone too when he struck me.

should i try and fight the ticket? or just pay up...

HELP me! i need some advice. I tried looking this up online, and I'm not sure what the law says about when the lane is marked, if thats when it begins or not.

thanks!

**A: you did not tell us what the cops told you.

 

[lilkim481]

failure to yield...cop side

the cops side....

I said to the cop.... when can he even be allowed to get over? because there was barely enough room for my car to fit in the space he made it into, let alone his huge truck.... and the cop said "he can get over whenever he can fit in, he has the right of way"

I responded with... so even though i was yielding, and he jotted out from behind, its ok? and when the solid white line started at least 2.5 car lengths away from where i was hit?

how does that give him the right to get over?

the cop was a jerk, non the less... and he wouldnt even listen to what my witness had to say, he had his mind made up. To him, I'm just a young 21 year old driver that doesnt know better I'm sure.

 

[Hey There]

Discovery Helps

Michigan has Discovery rights for cited drivers.
Googling Discovery for traffic tickets in Michigan
and clicking on websites on the first page gives
guidelines on what to ask for:
a copy of the front and back of the traffic ticket,
a copy of any notes the officer made,
a copy of the video if one was used,
where the officer was when he observed the citation
he cited the driver for.

A book published by NOLO on contesting traffic tickets may be available at a local library.
This book gives guidelines on what to ask an officer in court etc.
or Google Books on Contesting Traffic Tickets to compare.

Some lawyers will consult once for free or a fee ($50.00)
and advise a driver of his options.
Google how to choose a lawyer

Pictures of where the citation was given
at approximately the same time (heavy traffic)
and position the officer is believed to have been
when he observed what happened
are helpful when contesting a traffic ticket citation.

Google:Court Rules for traffic tickets in Michigan
and click on websites this brings up
to get information on court rules for traffic tickets.

Good luck with your insurance.
Let us know how this goes.
Best Regards,
Hey There

 

[Zigner]

...so even though i was yielding, and he jotted out from behind, its ok?

See...there's your problem. You were NOT yielding to all oncoming traffic. If you HAD yielded, there would have been no accident.

 

[CraigFL]

While the people that were waving you through were giving up their right of way, they were not and could not give up the right of way of the other drivers on the road which means you still would have to yield to them no matter how much you dislike their driving moves...

 

[Collins1078]

Personally I think the two that stopped for you to turn in front of them should have been ticketed for wreckless endagerment or lashed with a cat of nine tails.

Its really annoying when some on coming do-gooder stops to let someone turn in front of them when they can't possibly stop all traffic or exempt you from obeying the laws.

Not only is it irratating for everyone behind them, it creates an extrememly dangerous environment for the person baited to turn in front of them considering you have almost 0 visibility around them.

Its just my opinion and probably has zero legal merit.

 

[lilkim481]

do you think i should try fighting the ticket? and maybe they will lower my fine or something?

 

[Maestro64]

Simply check to see if MI has a rule about passing on the right and crossing the white line. If they do there is your defense. The only question is does two wrongs make a right or does one take precedence over the other.

Also, challenge the claim with your insurance company, they will not want to pay your damage if they can pin it on someone else especially another insurance company. Insurance companies usually know the laws rules better than the police, when it comes to money their motivation is the highest. Plus it does not cost the officer a thing to be wrong. Any lawyer or judge will tell you it is not the officer's job to determine who is right or wrong that is decide in between lawyers and the court.

Just image if you had a job where you can be wrong and it others people job to figure out if what you did was correct and when you were wrong to still keep you job and get the standard raise the coming year.

Anyway, if your insurance does not fight it and holds you at fault then you got your answer.