Parking Lot Accident - Careless Driving Ticket

[Petal]

What is the name of your state? Florida

 

[Petal]

Florida

 

[HighwayMan]

You haven't asked a question or provided any details.

Please reply to this thread and tell us about your situation.

 

[Petal]

I was leaving a parking lot owned and maintained by medical facility for their patients. In front of the building, there are 3 lanes, Lane directly in front of building is for vehicles unloading or picking up patients. The next two lanes are for traffic entering east or west. There was wheelchair van that was parked in west bound lane basically blocking traffic, The wheelchair ramp was on the ground and driver was outside of van on the telephone. There were also vans parked in the loading/unloading lane. I was in process of making a right turn and had to go around the wheelchair van. I knew it was going to be a tight squeeze so I made my turn very slowly and I honestly thought I was going to make it. As I passed the wheelchair vanit my van scraped and opened side sliding door. The only damage to that van was accumulation of paint from my van, of course I had paint scraped off from middle of front door to middle of back door. I am 71 years old and have a perfect driving record and have never been involved in a accident. The driver of the wheelchair van called the police. Sat there for a little over an hour waiting for officer to show up. When he did, he took a statement from driver of wheelchair van and only asked me from which directions I was coming from. The only conversation I had with officer was that he had to charge me with careless driving and 4 points. I was thinking of entering a not guilty plea and wondered what my changes are of getting ticket for careless driving dismissed and not being charged points

 

[HighwayMan]

Did you report the accident to your insurance company?

No one here can speculate about your chances in court - I'd say though that chances of a "dismissal" are slim to none.

Why do you think the charge should be dismissed???

 

[Petal]

Did you report the accident to your insurance company?

No one here can speculate about your chances in court - I'd say though that chances of a "dismissal" are slim to none.

Why do you think the charge should be dismissed???

 

[HighwayMan]

You posting a quoted version of my post is pretty useless.

 

[Petal]

I have not yet reported to insurance company. I am waiting for estimate of repairs from owner of wheelchair van. I do not feek I was driving carelessly, police officer did not witness accident and did not take a statement from me.

 

[Just Blue]

I have not yet reported to insurance company. I am waiting for estimate of repairs from owner of wheelchair van. I do not feek I was driving carelessly, police officer did not witness accident and did not take a statement from me.

You hit a stopped car. Of course you were driving carelessly.

 

[HighwayMan]

You struck a non-moving object with your vehicle, how is that not being careless?

You should not be waiting for an estimate. Your insurance company probably wants to know about things like this as soon as possible. You are foolish to wait, especially since it was your fault.

 

[HighwayMan]

There is also a good chance that the police officer prepared an accident report. Do you really want your insurance company to find out about the accident when you didn't report it to them?

 

[adjusterjack]

I do not feel I was driving carelessly, police officer did not witness accident and did not take a statement from me.

What you feel is not the issue. The result of how you drove is the issue. You miscalculated and hit the non-moving van. That's careless driving according to FL statute 316.1925:

316.1925 Careless driving.—
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

See if you can take traffic school and get the citation dismissed.

And, yes, report this to your insurance company right now. The van driver may have already done so and you won't look too good if you delay any further.

 

[HRZ]

Your odds of a dismissal rest far better with a good defense attorney for such traffic matters.....do. NOT Try to argue your points on your own....50 years of good driving does not matter...the facts of this one do.