accident report

[billyk]

I'm 17 years old and involved in an auto accident in Orange County few weeks ago.
The accident occured during night time when I was waiting at the intersection to make a left turn. There was no lite signal for left turn. I had to wait when safe to make the left turn. The lite was yellow and a car in lane #2 was stopped in opposing traffic. At the same time, a car in lane # 1 at some distance away, also in opposing traffic was still moving. I went ahead amd make the left turn knowingly the car in lane # 1 should stop..because the lite had now turn red. Next thing I know,there were siren,police, emergency paramedics and a lot more peoples were at my accident. The car in lane #1 didn't stop.Later, I read the police report,idicated I was at fault. The police reported, based on my own statement and the other driver,I failed to yield to opposing traffic.The police report also stated that they interviewed me 2 times, and I gave 2 differents conflicting statements. In 1 statement, I turned left when the lite was green.The 2 statement, I turned left when the lite was red.However, I did not remember I made any statement to anyone at all. I didn't even know I was involved in an accident. I plan to challenge the citation.My question is, what is my best defense ?
Do I have a case ?
Is there any legal recourse for my own defense?

Thanks you

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by billyk:
I'm 17 years old and involved in an auto accident in Orange County few weeks ago.
The accident occured during night time when I was waiting at the intersection to make a left turn. There was no lite signal for left turn. I had to wait when safe to make the left turn. The lite was yellow and a car in lane #2 was stopped in opposing traffic. At the same time, a car in lane # 1 at some distance away, also in opposing traffic was still moving. I went ahead amd make the left turn knowingly the car in lane # 1 should stop..because the lite had now turn red. Next thing I know,there were siren,police, emergency paramedics and a lot more peoples were at my accident. The car in lane #1 didn't stop.Later, I read the police report,idicated I was at fault. The police reported, based on my own statement and the other driver,I failed to yield to opposing traffic.The police report also stated that they interviewed me 2 times, and I gave 2 differents conflicting statements. In 1 statement, I turned left when the lite was green.The 2 statement, I turned left when the lite was red.However, I did not remember I made any statement to anyone at all. I didn't even know I was involved in an accident. I plan to challenge the citation.My question is, what is my best defense ?
Do I have a case ?
Is there any legal recourse for my own defense?

Thanks you<HR></BLOCKQUOTE>

My response:

There's no problem here. Just hand the matter over to your own insurance company, and they will take care of it. That's what you're paying them for.

If you feel you were in the "right", then I suggest you talk to a personal injury attorney as soon as possible.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[want to settle in VA]

Hey I think I can help with this one!
If you think you are right, "Get a Personal Injury Lawyer". Damn, I'm good.

 

[billyk]

Thanks IAAL,
I just like to know if I can fight this ticket.
Base on the given accident scene, could you advise how to defend this citation ?
I believe the other driver was at fault. I believe I did not made any statement as reported.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by billyk:
Thanks IAAL,
I just like to know if I can fight this ticket.
Base on the given accident scene, could you advise how to defend this citation ?
I believe the other driver was at fault. I believe I did not made any statement as reported.<HR></BLOCKQUOTE>


My response:

You were undoubtedly cited by the police for violation of California Vehicle Code section 21801.

"21801(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning
movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning
vehicle."

In the absence of witnesses to the contrary, it is unlikely you'll prevail against the citation.

However, make the prosecutor do his / her work. Take a look in the "Traffic Law" bulletin board, and take a look at the motion I wrote, in the Post "For all of us Knuckleheads who get tickets - - this is what I file." Copy the motion for your attorney and have it filed with your information. Prosecutors hate that motion, and sometimes because they are overworked, and underpaid, fail to do as ordered under the motion, and then your case can be dismissed. Hey, a win on a technicality of the law is a "win" nonetheless !!

Let me know how it goes.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[billyk]

Thanks, IAAL
I will try and keep you inform.