Violation of Right of Way - Accident

[mmoh]

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

My wife was at a T style intersection preparing to make a left onto Anderson Rd from Benjamin Rd in Tampa. There is a grass median on Anderson road that separates the two lanes going south and the two lanes going north. My wife was stopped at the stop sign and checked to ensure no cars were coming left to right so she could cross the median go with the traffic going left. Once a few cars went by there were no cars in sight (no blind spots or sun shining in the eye) and she started to drive out. Once she started to cross the 2nd lane that was going right, a car came hit the front side and the front of the car. The car was not there when she checked, so have no idea how the car appeared that fast. The other driver was driving with a suspended license. The cop said a witness confirmed my wife was at a stop sign and broke no laws. The cop said he doesn\'t believe she did anything wrong but gave her a violation of right of way. Other driver claims hurt.

First of all, policeman says he spoke to a witness saying that my wife indeed waited at the stop sign. The cop said he is not saying she is at fault, but regardless of how the other driver appeared all of a sudden, he technically had the right of way so since there was an accident he has to give her a ticket.

We're in the dilemna of whether or not to contest the ticket and possibly lose and not be able to guarantee points won't be added to her license...versus....taking Driver Class to get no points on license and just pay the fine.

Do you see how she would be liable for this accident even though the other driver was driving with a suspended license?

Do you think the supposed violation of right of way is going to cause this insurance claim to go against us, and if that is the case should we fight it and risk having points added?

Thoughts on this? We have to talk to the adjuster today and need to know if we are going to go ahead and contest the ticket or not....so any thoughts from anyone in a short amount of time today would be greatly appreciated

 

[FlyingRon]

DUPLICATE THREAD
https://forum.freeadvice.com/auto-accidents-vehicle-claims-1/accident-person-suspended-license-440108.html

 

[ignitespeed]

Having a witness that confirms her stopping only details her actions at the stop sign. It doesn't alter or explain in anyway her decision she made when she pulled out.

Just because she stop's at the stop sign, then proceeds when it's not clear is pointless.

If the witness had said the other motorist was driving at a very high rate of speed, in such a manner that your wife had no time to react ( because of the minimal line of sight from oncoming traffic from Anderson) then you have something.

However as the officer com'es to the scene, he sees a car accident where one vehicle ( from a stop sign) crashed into the other vehicle which had the right of way.

The officer did nothing wrong, you can contest he was driving very fast however it'll be like a cat fat, she'll say he was, he'll deny it ect..
Witness are key.

This reminds me of a story where a friend of a friend got into a motorcycle accident. A lady in her SUV on her cell phone pulled out in front of him causing him to crash. As he laid paralyzed, speechless, the lady said he was going extremely fast , that there was no way she saw him becuase of the incredible amount of speed he was going.

The kicker is, he was going the speed limit the entire time. However, due to his medical state, he could not defend himself. His riding buddy admitted the truth however infront of an impartial Judge , it's a 50/50 blame without concrete evidence.

 

[retina]

road traffic accident NOT MY FAULT

Hi


Sorry to for this private message

I had a RTA yesterday. I bought a new used car worth £ 3000. I went out for a spin with my three friends at night time 8 hours after i bought my car. The car insurance was shifted to the new car 8 hours ago (comprehensive insurance with legal advice).

I was traveling on a two way road when suddenly i realized that this guy decided to make a you turn from the opposite side and suddenly came in front of my car and hit me in front.

Both Airbags opened and front of the car got badly damaged smoke started coming from every where. I was in shock.. We all came out it was a busy road and police came in. they breathalised me and the other driver (mine was zero but i am a bit suspicious that he was drunk). Police did not tell me whether he was drunk. They gave me a police reference number for my insurance company. They told me other driver will be prosecuted and police will be in touch with me for what happened to him.


At that time due to adrenaline rush i didn’t realize if i had any injury neither did my friends. Later on car was taken away by the insurance company.

I attended A&E and they told me that i suffered Whiplash injury and probably soft tissue injury to chest and a suspected scaphoid fracture. My other 3 friends were told they had soft tissue injury including whip lash.

Question 1: How can i ensure to receive the maximum compensation for whiplash / scaphoid fracture injuries? It is my 1st day after accident and probably i can avoid doing things which can reduced payments for compensation.

Question 2 : Should i let my insurance company deal with the case or should i go to a CLAIMS COMPANY?

Question 3: it was a very nice car, how can i ensure to get the maximum payment for my car as i think it is unrepairable (both airbags opened and major front damage). I don’t want to get a tiny amount for my car as some insurance companies do it.

Question 4: I am a doctor in hospital (NHS). I was planning to do some locums in coming weeks to support some urgent financial needs. I am not sure when can i go back to regular work (and i had to drive to different parts of country to do locums) as i am very shocked by this reckless driver and flash backs of incidence.

Your expert help would be very much appreciated.

Retina

 

[I_Got_Banned]

Hi


Sorry to for this private message

I had a RTA yesterday. I bought a new used car worth £ 3000. I went out for a spin with my three friends at night time 8 hours after i bought my car. The car insurance was shifted to the new car 8 hours ago (comprehensive insurance with legal advice).

I was traveling on a two way road when suddenly i realized that this guy decided to make a you turn from the opposite side and suddenly came in front of my car and hit me in front.

Both Airbags opened and front of the car got badly damaged smoke started coming from every where. I was in shock.. We all came out it was a busy road and police came in. they breathalised me and the other driver (mine was zero but i am a bit suspicious that he was drunk). Police did not tell me whether he was drunk. They gave me a police reference number for my insurance company. They told me other driver will be prosecuted and police will be in touch with me for what happened to him.


At that time due to adrenaline rush i didn’t realize if i had any injury neither did my friends. Later on car was taken away by the insurance company.

I attended A&E and they told me that i suffered Whiplash injury and probably soft tissue injury to chest and a suspected scaphoid fracture. My other 3 friends were told they had soft tissue injury including whip lash.

Question 1: How can i ensure to receive the maximum compensation for whiplash / scaphoid fracture injuries? It is my 1st day after accident and probably i can avoid doing things which can reduced payments for compensation.

Question 2 : Should i let my insurance company deal with the case or should i go to a CLAIMS COMPANY?

Question 3: it was a very nice car, how can i ensure to get the maximum payment for my car as i think it is unrepairable (both airbags opened and major front damage). I don’t want to get a tiny amount for my car as some insurance companies do it.

Question 4: I am a doctor in hospital (NHS). I was planning to do some locums in coming weeks to support some urgent financial needs. I am not sure when can i go back to regular work (and i had to drive to different parts of country to do locums) as i am very shocked by this reckless driver and flash backs of incidence.

Your expert help would be very much appreciated.

Retina

Retina,

Typically, you are supposed to start a new thread for a new question. Had you done that, you would have also realized that this forum is for United States Law questions ONLY. (Because a question {What is the name of your state?} will pop up in the post window).

Judging by the currency symbol that you used "£" and your use of the initials "NHS" (which I believe stand for "National Health Service") and the term "locums" it sounds like you are in England which is not part of the United States of America... At least not yet!!!

Sorry to hear about your accident (that really stinks), glad to hear that you are OK, and good luck getting your insurance claim fairly settled.