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  1. #1
    gregger3 Guest

    Angry Fighting failure to yield ticket

    What is the name of your state? Arizona

    I was in an auto accident and both vehicles were totalled along with both drivers injured I am better now after 3 weeks off work with no pay. I was at an intersection turning left, Light turns yellow I am in intersection and see noone coming and all other traffic is stopped waiting for me to clear intersection. I still see noone coming so I proceed it is a red now. Then for a split second I see something gold and it is taking out the side of my truck and spinning me in the air 360 degrees and landing. The truck is full of heavy equiptment to tell you how hard the oncoming car was traveling to beat light. There was 2 witnesses and they both stated that the other guy was speeding and trying to beat the light. Why did I get ticket for not yielding to oncoming traffic when I did not see him and he ran red light. I am in the right and need help on how to pursue this matter. A lawyer told me that he could help me but for $750 he says I dont know how to get witnesses to court. He is right but do I really need lawyer. I know i am in the right the guy had to be traveling at least 70 miles an hour at impact by the damages, what do I do I have court in 2 weeks, what is the procedure in court and how can I get a fair (in my favor) outcome. I really have a clean record except for this thing. HELP

    Another matter has come about, nobody paid anything for my medical except me and my health insurance. This wreck happened in a company truck I took home every night and It was a Saturday Afternoon and I was on my way to the office. Also when I arrived at office on following Monday to give Dr's Note for being off work for 3 weeks, I was advised that I had been terminated. Alot of bad has come from being in the wrong place at the worng. I am honestly innocent as far as pulling out in front of this guy and totally our vehicle's. I feel the company is wrong for terminating me, at least let me come back to work for an hour.
    AND I think it is wrong that the company's auto insurance did not cover any of my bills and clothes ruined from blood. Is any of this incedent legal,honest, or in humane I would sure like youtr input back to me, I am confused and fell that I NEED some sweet revenge, but, only if it is legally justified**************..HELP
    Mike in Gilbert,AZ
  2. #2
    JETX is offline Senior Member
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    You have two very separate issues.

    Accident:
    You were in the middle of an intersection on a yellow light. You continued through the intersection and was hit (apparently) by a truck, trying to 'beat' the light (not clear on what direction or what light he had). Your ability to get what you claim to be a fair ruling will depend on the facts as presented in court..

    Termination:
    You said that you were driving the company truck on saturday afternoon, claiming to be on the way to the office. Though you don't provide any information for the reason for your termination, I would assume that they didn't believe your version and felt that you were liable. Further, we have no information on any previous employment history that could also have affected their decision. But, I have to believe that your being off work for 3 weeks before the accident may also have some bearing (I assume that they required a Doctor's statement because they also doubted your version of that also).

    Even with the above, you are an at will employee and they can terminate you with or without reason or cause.
  3. #3
    gregger3 Guest
    the other vehicle was on coming and when I went back to take some measurements of intersection I figure with what I concur to be what I think to have happened he was traveling at least 125'/second=85+ mph.
    Termination was for quiting my crew early 3 days before this accident. The doctors note was from when I went to see dr. after wreck and was going to work monday. (terminated=friday,Accident=Saturday, told that terminated=monday, brought doctor's note=monday) see how the events transacted out???
    was note questioned on the whether true or not, there was no reason to lie about anything. On way to office with accident happening within 1000' of my house. Shouldn't they have at least let me come back to work and warm my chair then fire me or is that just good business eticquite i am thinking of??
    Heard rumor recently from reliable source(management), that I was a target of personal vendetta by my immidiate supervisor whom had not seen eye to eye with me since his arrival. I had been there 2 1/2 years with him now being there almost 10 months now. But it is not what you know, it is who, in this industry (Land Development/Surveying).
    Last edited by gregger3; 01-12-2003 at 06:12 PM.
  4. #4
    firemanup is offline Member
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    How in the world did you figure 125' per second...???

    You better know how to do it right as the police will have access to accident reconstruction specialists and they will know the true speeds if they want to from crush damage to the vehicles.

    Second you will not beat the failure to yield citation, due to several issues, 1st being the fact that you turned in front of oncoming traffic as the accident shows. You state he was running a red light??? well then what were you doing? The accident by itself makes the officers case on the failure to yield cite.

    Next is the fact that in Az the law reads on intersections controlled by a lighted traffic control device, (the stop lights) that you are not to enter the intersection until you are able to proceed completely through the intersection.

    If you were waiting "in" the intersection for traffic to clear you were already in violation.
  5. #5
    gregger3 Guest

    failure to yield

    I had subpoenas served on the two witnesses at the scene, which have stated the other guy was speeding and had tried to beat the light which is also against the law here in Arizona. I have pictures, made an autocad drawing , and measured up the accident scene . (I am a Land Surveyor) So I measured from the farthest point thaT I could possibly have seen the other car, to the point of impact. It was 250'. Then I estimate about 1 second went by and I still could not see him and then for him to hit me it all averaged out to be around 125'/second traveling at minimum. Which will match my witnesses stories. Now in court will judge ask questions or am I going to have to give a Johnny Cochran imitation, which may not get me off but might get me an oscar. Am I really going to lose this??? If so I may need a lawyer and if it is a slamm dunk I will lose maybe I should just plead guilty with an explanation???? What do you think??? Thank you
  6. #6
    JETX is offline Senior Member
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    "What do you think???"
    I think you are going to lose big time.

    Here is part of my reasoning.....
    YOU were ticketed for 'failure to yield'
    Your case (at least as presented here) does NOTHING to challenge YOUR failure to yield charge. You have focused so much on the other driver, that you are apparently overlooking the FACT ("Light turns yellow I am in intersection and see noone coming and all other traffic is stopped waiting for me to clear intersection") that you WERE in the middle of the intersection when the light changed.... and proceeded anyway. That is the violation you were cited for. The point here (one of them) is that by being IN the intersection when it changed, you were in violation of the law.

    You seem to have developed some evidence that might support you in a civil claim for damages, but not for the criminal charge you face.
  7. #7
    gregger3 Guest
    I am sorry I suppose I left out the fact that I did not see the other vehicle and I have also produced pictures to prove it. It seems to be suicide otherwise me pulling in front of a vehicle traveling that speed. I came up with 125'/second because that is the distance over the time I did not see him to the time I did see him when I went out to measure it. Am I still barking up the wrong tree? Alot of points on my insurance is what I am facing out it and NOBODY paid my doctor bills I had to do it. Why does the other driver not receive ticket, if he had not ran light, there would not have been an accident because I did not see him nor obviously he did not see me. But the law sometimes is very confusing and it seems to be a thin line I am walking from right & wrong. Am I still guilty in the criminal sense of the word?
    My violation says on it I was traveling 5-10 mph, so I suppose I was not "waiting" in the intersection as I stated. (I'm Bad)
    Also I entered intersection on green light I saw it turn yellow when I was in it and yielded to ALL cars that I saw, then light turns red, and I proceed then bam. I guess it goes back the theory "does a tree make a noise when it falls if nobody there to hear it fall?"
    Very confused in Arizona along with worried and upset over this
    Last edited by gregger3; 01-19-2003 at 12:36 PM.
  8. #8
    gregger3 Guest
    Hey well you said it could not be done,****************************.....I beat the failure to yield ticket with drawings, pictures, and also facts to the subject and prosecution thought they had it locked up in the bag.
    Now what is my next step????? 1st I want someone to step up and pay my doctor bills... Work. Comp. or Company auto ins. or the other driver (now bearing the blunt of all the blame when fault is pointed out, since court this afternoon and I have proven my innocence. Can I sue my ex-company?? their insurance never lifted a finger to help me at all. That hurt. I had to explain to our kids this x-mas that Daddy was out of work and we had all these doctor bills along with our own personel vehicle was stolen at Thanksgiving. I want some vengence who can help me???
  9. #9
    firemanup is offline Member
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    Congrats on beating it, alot of times a good presentation is all it takes and the right judge.

    I wrote a ticket for failure to stop at a stop sign one time, it was contested, the violator admitted that he only slowed but he must have been going really slow as he was in first gear.

    Judge said, "well first gear is close enough" and dismissed the ticket... did he run the stop sign, ohhhh my estimate was around 8 mph... that's running a stop sign in my book, but you never know, he won too.

    What agency wrote you the ticket???? I was with DPS, highway patrol for 4 yrs.. we represented ourselves with traffic cites, didn't use a prosecuting attorney.

    Sounds like both the prosecutor and the officer that cited need some lessons..

    Jason
  10. #10
    stephenk is offline Senior Member
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    Remember, just because you beat the citation does not mean the other driver's insurance company is now going to accept fault for the accident.

    Was the other driver at your traffic court trial? If no, then the court only had your version of the accident. If the other driver claimed he entered on a yellow light, you would have lost.

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