What are my options involving my accident?

[vwlonewolf]

What is the name of your state? PA

I was involved in an accident two weeks ago today. I went thru a yellow light and was hit by a car on my left wanting to turn in front of me. My damage is from the driver to passenger side. The other car's damage is from the front of the car to the back. (Making it that person's fault, right?) Two witnesses said I went thru a Red Light, so I was giving a citation. The other driver was driving with her arm in a sling (not sure left or right), and was coming from the hospital (questionable weither she was on pain meds).
NOTE: This intersection is knows for people "jumping the red light" to turn left in front of the oncoming traffic (turning when both traffic directions have a red light).

Could I make a case to prove she was at fault, being the damage shows she hit me? Can anything be done about the fact she was driving with one hand?

I also want to note that we were cancelled from our insurance policy 5 days prior to the accident, which we were unaware of til we called in the claim. So I am considered an uninsured motorist at the time of the accident.

 

[seniorjudge]

What is the name of your state? PA

I was involved in an accident two weeks ago today. I went thru a yellow light and was hit by a car on my left wanting to turn in front of me. My damage is from the driver to passenger side. The other car's damage is from the front of the car to the back. (Making it that person's fault, right?) Two witnesses said I went thru a Red Light, so I was giving a citation. The other driver was driving with her arm in a sling (not sure left or right), and was coming from the hospital (questionable weither she was on pain meds).
NOTE: This intersection is knows for people "jumping the red light" to turn left in front of the oncoming traffic (turning when both traffic directions have a red light).

Could I make a case to prove she was at fault, being the damage shows she hit me? Can anything be done about the fact she was driving with one hand?

I also want to note that we were cancelled from our insurance policy 5 days prior to the accident, which we were unaware of til we called in the claim. So I am considered an uninsured motorist at the time of the accident.

Tell me, what does all this have to do with whether or not you are guilty of running a red light?


Q: Could I make a case to prove she was at fault, being the damage shows she hit me?

A: With the two witnesses against you, the best you can hope for (in a civil case) is a 50 - 50 assessment of liability.


Q: Can anything be done about the fact she was driving with one hand?

A: Not unless you can prove that this caused the accident.



Q: also want to note that we were cancelled from our insurance policy 5 days prior to the accident, which we were unaware of til we called in the claim.

A: This is not good for you; you had all kinds of notices (they are required by law) before they cancelled you and you ignored them. You need a lawyer.

 

[vwlonewolf]

Q: also want to note that we were cancelled from our insurance policy 5 days prior to the accident, which we were unaware of til we called in the claim.

A: This is not good for you; you had all kinds of notices (they are required by law) before they cancelled you and you ignored them. You need a lawyer.

Actually we were only giving 1 notice, which we over looked.


The police report quotes her to saying I "hit her in the passenger side fender" when the damage is showing SHE hit ME. I just wanted to know if it was worth me trying to fight that I didn't hit her car.

And I do have a lawyer, but he doesn't seem to want to be bothered. He hasn't made any phone calls to look into anything. He called the Officer ONCE about the police report, leaving a message for him to call back (which the officer never did). I ended up getting the police report, which I will not give to the lawyer, b/c I had to pay $15 out-of-pocket for it.

 

[seniorjudge]

Actually we were only giving 1 notice, which we over looked.


The police report quotes her to saying I "hit her in the passenger side fender" when the damage is showing SHE hit ME. I just wanted to know if it was worth me trying to fight that I didn't hit her car.

And I do have a lawyer, but he doesn't seem to want to be bothered. He hasn't made any phone calls to look into anything. He called the Officer ONCE about the police report, leaving a message for him to call back (which the officer never did). I ended up getting the police report, which I will not give to the lawyer, b/c I had to pay $15 out-of-pocket for it.

I think you need another lawyer.

BTW, one notice is sufficient.

 

[vwlonewolf]

Would it be worth us getting another lawyer, or would we end up spending more on lawyer/ court fees then in the settlement?
I just don't want the stress of everything, if it won't pay-off in the end.


Also I got a citation b/c of the witnesses account. I pled Not Guilty and paid the fine ($105), just waiting on a court date. Can I fight the ticket that it's based on a witnesses account and that I wasn't seen by a cop? Do you get points on your license for a red-light violation? Could I fight it to get a lesser charge without points?

 

[seniorjudge]

Would it be worth us getting another lawyer, or would we end up spending more on lawyer/ court fees then in the settlement?
I just don't want the stress of everything, if it won't pay-off in the end.


Also I got a citation b/c of the witnesses account. I pled Not Guilty and paid the fine ($105), just waiting on a court date. Can I fight the ticket that it's based on a witnesses account and that I wasn't seen by a cop? Do you get points on your license for a red-light violation? Could I fight it to get a lesser charge without points?

Ask for deferrals on the traffic violations so you won't get points, etc.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

 

[vwlonewolf]

So for the citation I can try to reduce the charge and/or eliminate any points? And for the accident itself, I should just let it go and not waste the time to try to prove it was that other persons fault?

What it comes down to is I just don't want any points going on my driving record, other then that the rest can be dealt with.

 

[seniorjudge]

So for the citation I can try to reduce the charge and/or eliminate any points? And for the accident itself, I should just let it go and not waste the time to try to prove it was that other persons fault?

What it comes down to is I just don't want any points going on my driving record, other then that the rest can be dealt with.

Q: So for the citation I can try to reduce the charge and/or eliminate any points?

A: Yes.


Q: And for the accident itself, I should just let it go and not waste the time to try to prove it was that other persons fault?

A: Based solely on what you posted, your evidence is not good and the evidence against you is strong. You have a tough row to hoe....

 

[Happy Trails]

I agree with SJ, the police report and the witnesses are going to be hard to refute.

 

[vwlonewolf]

One last question: I do not need a Lawyer for the ticket, right? I can just go and represent myself?

 

[seniorjudge]

One last question: I do not need a Lawyer for the ticket, right? I can just go and represent myself?

That decision is 100% yours.