Following too close; accident - right turn from center lane!

[jimboha]

What is the name of your state? Idaho

Sum****:
Driver way in front of me slowly merged into center turn lane [3 lane road] with no blinkers. As I finally got close enough to pass by him, he turned on right blinker and made right turn into a driveway from the center lane - until I hit him.

I was cited for following too close.

How can I fight this ticket?


Details:
=========
9:30pm in dark after rain, road dry but wet on shoulder and center lane. I was driving southbound @ 35mph in 35 zone when I saw a truck 100-150 yards ahead of me moving into the center turn lane. There was subdivision with 2 entrances to left. After 10-15 seconds when I finally caught up to the truck, truck was still only just inside the center line. I was perhaps 60-80ft behind him [I was in right lane, he was in center lane] when he turned on his right blinker and started merging into my lane - I thought he had decided to not turn left after all. Or so it looked. He turned right right in front of me and I couldn't miss him since he was taking up both lanes and I had no where to go. My front left hit him just in front of his right rear tirewell. No witnesses.

His story: There is a telephone pole on inside corner of his driveway so he has to swing out a little bit, but he turned his blinker on. [Telephone pole is 6+ feet from fog line and 3 feet off road and more than 10 feet from the edge of his inner driveway radius.]

Investigating officer found a single skid mark and some crash debris and decided that he "was only slightly offset in the lane" with not enough room for me to pass on the right.

Other interesting information:
======================
Other driver did not have proof of insurance [citable offense] but was not cited. As it turns out, he was UNINSURED.
Other driver admitted to not having his seatbelt on - was not cited.
The next morning, I found a total of 6 skid marks - including one completely under my truck [on wet shoulder, in dark]
My copy of accident report form filled out by officer had NO insurance info for the other driver, and was missing the final digit on his phone number.
During wait for police [30 minutes], other driver told me that he had no idea accident was happening, didn't know until he felt the bump.


My defense plan:
==============
Show that officer was not thorough in his investigation.
-Did not get to the bottom of other driver's lack of proof of insurance
-Did not cite other driver for lack of seatbelt
-Did not fill out the accident report form completely
-Did not ASK if either vehicle had been moved after the accident [his had scraping road since wheel was knocked off; mine hadn't been]
-Did not see other skid marks.
-Other driver LIED to officer during investigation making the officer believe that he had insurance.

I know that the other skid marks are not admissible, strictly speaking. At least, I would not hope to be able to prove that HE was guilty of improper right turn. But I believe they discredit the officer's account of what happened based on incomplete information.

[I believe that a scale drawing of accident scene with skid marks - including ones under my truck - show that the single skid mark the officer had seen MUST have been his right rear wheel after impact. This places his truck at an angle with right rear wheel only 30 inches right of center lane line. To turn his long wheel base truck to that angle, he was have started in center lane.]


My questions:
1. Critique my defense strategy.
2. How long does other driver have to be in the center lane before he has to yield to me in the right lane?
3. Shouldn't the officer have given less credibility to his story since he had financial motive to NOT be found at fault?
4. How will the officer prove that I was following the other driver since he was in the other lane?


Big thank you.
Jimboha

===========

[CdwJava]

Originally Posted by jimboha

My questions:
1. Critique my defense strategy.

Showing that the officer did not cite the other driver for things that had no bearing on the collision will be irrelevant as will not filling out the form completely.

I suspect the officer's statement is going to be to the effect that in his opinion the other driver had the right lane and you tried to pass him to the right when he signaled right, cheated left, and then made the right turninto the driveway. It may effectively come down to your statement versus that of the other driver.

You also might consider hiring an attorney.

2. How long does other driver have to be in the center lane before he has to yield to me in the right lane?

I don't understand the question. He doesn't have to yield to you if you are in another lane. What lane were you in?

3. Shouldn't the officer have given less credibility to his story since he had financial motive to NOT be found at fault?

A little. But, he has to evaluate the situation based upon the statements of both parties and the physical evidence he finds at the scene.

4. How will the officer prove that I was following the other driver since he was in the other lane?

By statements and his interpretation of the evidence. You are free to provide an alternative version of events. Ultimately a judge will have to decide on the matter of guilt or innocence.

Additionally, insurance companies are not bound by the criminal allegations. They can assign fault based on their own criteria which often has nothing to do with criminal guilt or innocence.


- Carl

[jimboha]

If he is IN the center lane [bi-directional turn lane - only supposed to be used for turning left off road or turnin left onto road] and I'm in the right lane. He now wants to either merge into right lane or turn across the right lane to go right. Can he change lane right in front of me? He did not turn blinker on when he moved into left lane, only when he started to come out of lane right in front of me, 10-15 SECONDS after he went started going into that lane.

Remember, Idaho law says that you must be as far right in the right-most lane as is praticable when making a right turn.


What about my photos of skids marks taken the next day? Will judge allow them as evidence in support of my alternate version of events?

Does lieing about insurance discredit other driver's statements, even if only used by the officer from what he says the other driver said during the investigation? In other words, do I need to make sure the judge is aware of that?

Thanks.

Jim

PS I would hire a lawyer, but fine is only $53. I'll pay more than that for court fees. I suspect the ticket may also make a difference in my premiums, but the other driver was uninsured and I can't possibly see getting enough out of the thing to offset the cost of the attorney.

[CdwJava]

Originally Posted by jimboha

If he is IN the center lane [bi-directional turn lane - only supposed to be used for turning left off road or turnin left onto road] and I'm in the right lane. He now wants to either merge into right lane or turn across the right lane to go right. Can he change lane right in front of me? He did not turn blinker on when he moved into left lane, only when he started to come out of lane right in front of me, 10-15 SECONDS after he went started going into that lane.

I presume that when you say "left lane" you mean the mutual turn lane or center island.

As I recall, you mentioned that the other driver indicated that he claimed he needed to cheat left before he made a wide right turn. If that's the case, it is going to be a matter of whose interpretation is believed.

And 10-15 seconds after he "started" to go in to the left lane? Does that mean he was never IN the center lane?

Remember, Idaho law says that you must be as far right in the right-most lane as is praticable when making a right turn.

Of course. But that doesn't give you permission to pass on the right as it appears to be alleged.

What about my photos of skids marks taken the next day? Will judge allow them as evidence in support of my alternate version of events?

He might. It may depend on how you can present them and how you can substantiate that they were indeed related to the collision. The fact that you have no experience in collision investigations will weigh negatively on you.

Does lieing about insurance discredit other driver's statements, even if only used by the officer from what he says the other driver said during the investigation? In other words, do I need to make sure the judge is aware of that?

Only if you can prove it was a lie. If he was mistaken and not lying it goes against his long term memory, not his recollection of the event.

I imagine you could bring it up to counter any statement made by the other party.

PS I would hire a lawyer, but fine is only $53. I'll pay more than that for court fees. I suspect the ticket may also make a difference in my premiums, but the other driver was uninsured and I can't possibly see getting enough out of the thing to offset the cost of the attorney.

$53? Wow! You're cites are cheap!

- Carl

[jimboha]

Originally Posted by CdwJava

I presume that when you say "left lane" you mean the mutual turn lane or center island.

Yes.

Originally Posted by CdwJava

And 10-15 seconds after he "started" to go in to the left lane? Does that mean he was never IN the center lane?

Yeah, I did not see his right rear _wheels_ inside the line, but I did see that the side of his vehicle was over the line/just inside the line. After a few seconds of that I realized that he was still far right in the center lane and began to wonder. That's when I took my foot off accelerator and started moving it to the brake, glanced in rearview mirror, when I looked up he was coming out of lane to the right with blinker. Had I thought he was actually turning right I would have breaked HARD, but I was so convinced he was turning left because he was in the center lane for so long. I did not time anything but I know where I was on the road when I first saw him and distance to driveway @ 35 mph = 18 seconds.

Originally Posted by CdwJava

Of course. But that doesn't give you permission to pass on the right as it appears to be alleged.

But my ticket was for following too close, NOT for passing on the right.

Originally Posted by CdwJava

He might. It may depend on how you can present them and how you can substantiate that they were indeed related to the collision. The fact that you have no experience in collision investigations will weigh negatively on you.

I can work on the first one, but not much to do about second one.

Originally Posted by CdwJava

Only if you can prove it was a lie. If he was mistaken and not lying it goes against his long term memory, not his recollection of the event.

How do I _prove_ that he did NOT have insurance??? That's why I'm concerned that the officer did not cite him for failing to produce proof of insurance. I heard him telling the officer that he had just changed insurance and did not have new proof. He will not give me new insurance co and finally admitted to me that he was between policies. All hearsay - how do I prove it?

Originally Posted by CdwJava

$53? Wow! You're cites are cheap!

Wow, I feel so lucky. But for me it's a matter of the truth - not at any cost - but I saw him driving in that center lane with no right turn blinker. He never looked in his mirror before he turned right in front of me. I can handle the financial loss [liability only on my vehicle - $2K+ damage but it runs] but I don't feel I was at fault. Perhaps the law is otherwise and I will learn from this experience.

Thank you very much for your help.

You can just reply about proving he had no insurance and I'll just accept and use your advice. I can tell from your suggestions that this will not be easy.

Jim

[CdwJava]

Unless the other driver is in court to testify, you may not even have the opportunity to bring it up. It's hard to argue motive if someone isn't there to challenge it. If the officer testifies as to what the other party said, you might try objecting on the grounds that it is hearsay ... but, I'm not sure of the traffic court rules in your state, so hearsay might be acceptable in traffic matters.

But, since you are only arguing that the other party might have had a motive to lie, you might be able to use what you overheard to cast reasonable doubt on the veracity of the statement. Also, you can always ask the officer if he overheard that statement or if the other driver had insurance.

I could see making a "following too close" case ... maybe. But I can also see making an unsafe turning case.

Good luck.

- Carl

[poohmantbb]

Originally Posted by jimboha

You can just reply about proving he had no insurance and I'll just accept and use your advice.

Jim

If it is like Oregon, you will have to file a accident report with the Dept. of Motor Vehicles. If he truly wasn't insured, your insurance company should be able to verify that, and the DMV will suspend his license for Driving Uninsured.

Also, if the events are as you described, it sounds like the driver made and illegal right turn. Something seems amiss, as the officer apparently saw something else. Anyhow, tell your insurance your story and they will determine their "at fault", and handle any civil action against th other driver.

I am w/ you in the fact that I HATE uninsured drivers. They get their cars impounded every time I get the chance!!

[jimboha]

Originally Posted by poohmantbb

If it is like Oregon, you will have to file a accident report with the Dept. of Motor Vehicles. If he truly wasn't insured, your insurance company should be able to verify that, and the DMV will suspend his license for Driving Uninsured.

OK, I was going to go to the DMV today to find out what I should do about that part.

Also, if the events are as you described, it sounds like the driver made and illegal right turn. Something seems amiss, as the officer apparently saw something else.

Yeah, I thought about that, too. But what I think is amiss is that the officer did not see my skid mark and simply considered the final positions of the vehicles. I think the officer decided that the true story was somewhere in between what I said [barely in the center lane] and what he said [swung out a bit].

Anyhow, tell your insurance your story and they will determine their "at fault", and handle any civil action against th other driver.

They have already decided- primarily due to the citation - that I was at fault. I don't see them changing their minds at this point since they've already paid to fix the other guy's truck.

Thanks.

Jim

[sukharev]

Originally Posted by jimboha

They have already decided- primarily due to the citation - that I was at fault. I don't see them changing their minds at this point since they've already paid to fix the other guy's truck.

Bummer
Have you looked up at-fault standards for Idaho? In MA, unsafe lane change is considered as over 50% at fault, and so it is in many other states. It's worth looking up, insurance decision may and should be contested if possible to avoid premium increase.

[jimboha]

Originally Posted by CdwJava

Unless the other driver is in court to testify, you may not even have the opportunity to bring it up.

So, would I want to make sure he is there?

But calling him as my withness is problematic - during cross examination the prosecutor can ask leading questions and all kinds of stuff. Of course, he would be a hostile witness for me and I might get the same lattitude.

Sigh, I definitely agree with your earlier statement - perhaps I should get a lawyer.

Thanks yet again.

Jim