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Wrongfully blamed for accident by cop. Now what?

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

This incident happened to my girlfriend recently.

She had just gotten a used car, and, about a week later, had driven into Philadelphia to pick up her son.

She waited at a red light to make a left turn at an intersection.

The green arrow came on. The oncoming traffic was two lanes, and still had a red, and there were one or two cars waiting there. One of the lanes was open, the waiting cars were in the other lane.

My girlfriend proceeded to make the left turn, and then was struck by a vehicle that approached through the empty oncoming lane.

The impact was great enough to destroy the grill and do significant damage to the front-right part of the bumper of my girlfriend's car, as well as wrinkling the hood. It also damaged the bumper of the oncoming vehicle (a Ford F150 pickup), and tore it's front-left tire off the rim.

Finally, the force was enough to push my girlfriend's car into a fire hydrant nearby, thus doing damage to the left corner of the car as well.

Based on the damage, it is our estimate that the other driver must have been doing more than the posted 25 MPH.


At the time, a passing witness stated that he had heard the other drier admit to the police officer that he had blown the red light. The witness asked if my girlfriend wanted him to make a statement, but at the time, still a little unnerved by the whole experience, she declined, stating that if the guy was being honest, then everything should be okay.

The other driver also stated to both my girlfriend and the police officer that his wife was in labor - presumably that was why he was in such a hurry.

The police officer did not stay until everything was cleaned up, but left BEFORE the tow trucks he called showed up.

The other driver did not have his driver's license on him. We are not yet sure whether it's just he didn't have it on him, or if he did not have a valid license.

The other driver, we have come to find out, was driving his wife's vehicle. Her insurance policy explicitly excluded her husband from coverage.


This happened a little over a week ago. Today, in the mail, my girlfriend received a ticket in the mail that says she violated Section 3303A2 with a description of "Failure to give way" The ticket in the summary section also says that:

"Operator did not yield to right away causing accident"

I assume that he meant "right of way" rather than "right away"


How is this possible if she had a green arrow, and the other driver:
1) Ran a red light
2) Was driving a vehicle that he was not allowed to drive based on the insurance coverage


We don't have money, so can't really afford a lawyer. What recourse do we have?

Any advice would be greatly appreciated.


EDIT:
Here's what I've been able to determine for the "section violated" of 3303... it doesn't even seem to apply since it states rules about passing a vehicle that is going in the same direction that you are. Here's the text:
§ 3303. Overtaking vehicle on the left.
(a) General rule.--The following rules shall govern the
overtaking and passing of vehicles proceeding in the same
direction, subject to the limitations, exceptions and special
rules stated in this chapter:
(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left of
the other vehicle at a safe distance and shall stay to the
left of the other vehicle until safely clear of the overtaken
vehicle.
(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall not
increase the speed of the vehicle until completely passed by
the overtaking vehicle and shall give way to the right in
favor of the overtaking vehicle on suitable signal.
(b) Suitable signal defined.--Suitable signal for purposes
of subsection (a)(2) shall be as follows:
(1) At all times when head lamps are required to be
lighted according to section 4302 (relating to the period for
requiring lighted lamps), an audible signal or the
intermittent flashing of low and high beams except that the
use of high beams shall not be permitted when a vehicle is
approaching from the opposite direction within 500 feet.
(2) At all other times, an audible signal.
 
Last edited:


swalsh411

Senior Member
So she contests the ticket based on her claim that she had the green light.

The other driver not being insured or licensed is not a factor as to whether or not she failed to yield.
 

justalayman

Senior Member
this is something that you may not be able to access quickly enough on your own but if there are cameras at the intersection, the accident may have been recorded. Contact whatever highway authority controls the roadway at that point to inquire.


Get a copy of the report asap to see if the witness is named. That would obviously be your best support for your argument.


btw: the guy driving the car without insurance does not affect who is at fault in an accident. If you end up suing the guy, be sure to include his wife, the owner of the vehicle, in your suit as she should not have let the guy drive the vehicle and as such, is responsible for allowing her car to be driven knowing there was no insurance coverage should there be an accident.
 

ecmst12

Senior Member
Of course it's a MUCH bigger problem that the driver who caused the accident did not have insurance. That means the chances of her getting any money to fix her car are extremely small, even though she was not at fault.
 
I should also probably add, although it then really devolves into a he-said she-said thing, that in my girlfriend's hearing, the other driver ADMITTED that he blew the red light "because my wife is in labor at the hospital"

But, again, given that the officer is saying he witnessed it all and this is what happened, and did not issue ANY tickets to the other driver.... I'm not sure what recourse we have other than trying to prove innocence on the ticket...
 

justalayman

Senior Member
I should also probably add, although it then really devolves into a he-said she-said thing, that in my girlfriend's hearing, the other driver ADMITTED that he blew the red light "because my wife is in labor at the hospital"

But, again, given that the officer is saying he witnessed it all and this is what happened, and did not issue ANY tickets to the other driver.... I'm not sure what recourse we have other than trying to prove innocence on the ticket...
the lack of a ticket does not alter culpability. There are many reasons a ticket may not be issued. Given the situation, maybe the cop felt he shouldn't do it because the wife was in labor. Maybe a ticket was issued and sent to them later. It really doesn't matter as the cop does not determine fault. A ticket tends to support fault by a party but it does not assign, legally, fault.
 
What hearing?
Ah, sorry, I should clarify - within her hearing range. The officer spent less than a minute talking to my girlfriend, then started to talk to the other guy. My girlfriend was able to overhear what was said, and the other driver's admission to the officer of blowing the light, then they moved away and they (the other driver and the officer) spent several minutes talking to each other, after which the officer returned to his car, called for tow trucks, wrote up two slips, handing one to the other driver and one to my girlfriend, and left, before the tow trucks arrived.
 
Pennsylvania requires insurance companies to only offer policies that meet their min liability provisions.
If the vehicle was insured at the time of the accident, then the insurance must meet the min required liability mandated by Pennsylvania or deal with the punishments that will be dolled out by the Penn insurance commisioner.
The excluded driver clause is not your problem. That is just a contract issue between the owner of the vehicle and their insurance company.

Now, the owner of the other vehicle may have issues collecting on the collision insurance...

Try to get something on paper for the deniel and contact the Penn isurance commision.
 

ecmst12

Senior Member
That is not correct. If an excluded driver was driving, the insurance does not have to provide coverage (so long as the exclusion is properly executed and valid) and in fact they will not, and the owner and driver will simply be PERSONALLY liable for the damage caused, as well as likely both will be cited for not having insurance.
 
That is not correct. If an excluded driver was driving, the insurance does not have to provide coverage (so long as the exclusion is properly executed and valid) and in fact they will not, and the owner and driver will simply be PERSONALLY liable for the damage caused, as well as likely both will be cited for not having insurance.
That's why they have exclusions .. right? And it is likely the hubby had no license either.

The cop's opinion will not matter to much at trial unless he shows up.
 

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