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  • Hit From Behind And I Was Given The Ticket

    Hello.

    I was hit from behind in my car as I attempted to make a right turn. The on-coming car was in the leftmost lane. Therefore, there was no need for me to yield. The other car was NOT in the same lane. Once I straightened up, he came from the other lane and scraped my car on the left quarter panel.

    Any advice on fighting this ticket in court ? Also, I have not had my day in court yet and my insurance company already wants to double my car insurance. I have not had a chance yet to prove myself not at fault yet. Still they have closed the case and wants to double the rate. Can they do that ?

    Thanks, Stormy

  • #2
    edit: dang hate when i do that, all certified officers will say what i had originally put, but ill pm it to ya since i just noticed it was in ask a cop.
    Last edited by soopertrooper; 01-31-2009, 05:38 AM. Reason: i'm retarted and posted in ask a cop even though most on here will agree with what i said....lol...
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    • #3
      Originally posted by hgarnett View Post
      Hello.

      I was hit from behind in my car as I attempted to make a right turn. The on-coming car was in the leftmost lane. Therefore, there was no need for me to yield. The other car was NOT in the same lane. Once I straightened up, he came from the other lane and scraped my car on the left quarter panel.

      Any advice on fighting this ticket in court ? Also, I have not had my day in court yet and my insurance company already wants to double my car insurance. I have not had a chance yet to prove myself not at fault yet. Still they have closed the case and wants to double the rate. Can they do that ?

      Thanks, Stormy
      As I read your post, you made a right hand turn and a car, which was travelling on the street you just turned onto, hit your left quarter panel from behind?

      If that is the case, you are in violation of the law. Any time you make a turn, you must yield to any approaching traffic that presents and immediate hazard or a hazard at ANY TIME during your turning movement. You failed to yield the right of way. You cannot occupy the lawful space of another.
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

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      • #4
        Wait................I can hear it coming..............the other car was ..................speeding though LOL
        "a band is blowing Dixie double four time You feel alright when you hear the music ring"


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        • #5
          From how I read it, she's saying that it was a two-lane road, a car was in the inside lane and she turned into the outside lane.

          What was the ticket for? If you swung wide, you're at fault.

          Can't say about your insurance though. This is ask-a-cop, not ask-an-insurance-agent.

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          • #6
            Originally posted by hgarnett View Post
            The other car was NOT in the same lane. Once I straightened up, he came from the other lane and scraped my car on the left quarter panel.
            Sure...
            Someone pulled out in front of me like that once in Dothan, Alabama. I hit him in the rear, and the Alabama Trooper hit him with a citation, which stood up in court.

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            • #7
              You were at fault. The other car had exclusive right of way over you. It doesnt matter if he was in your lane or not. He had right of way for the whole portion of the roadway he was occupying. I would just pay the ticket and move on. This happens all the time.
              John 3:16

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              • #8
                The posts above pretty well cover the ticket.

                As far as the insurance is concerned. We do not find fault in a crash investigation. We simply record the facts and evidence which leads to a conclusion. If we have cause to believe that a driver committed a traffic violation they recieve a ticket.

                Don't mistake a violation of law as a finding of fault in a crash. Insurance companies, judges and juries find fault- such as 70/30 or 50/50 - in a crash.

                As for your rates- insurance companies can pretty much do what they like on rates as long as they can show cause for their actions. Simply being in a preventable crash or getting a ticket alone is enough to raise rates... just ask my wife!
                ---Cut the red wire---

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                • #9
                  As other have said, you are at fault.

                  And here is something to think about it...you could make the argument that we are all just saying that to support the officer, however, you insurance company also says you are at fault....otherwise, your insurance would not have doubled and the case closed. That occurred because the insurance company says you are at fault...

                  Besides, the insurance company does their own investigation and their decision is theirs, not the officers.

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                  • #10
                    Hard as this may be to accept, the insurance company can raise your rates if you've been involved in an accident. Read the fine print in your policy carefully. Back to the citation. I agree with the replies of my colleagues. Should you feel the citation was unfair, in error, or unwarranted, you can appear in court and plead not guilty. In anticipation of your next question: Even if the court where to find you "Not Guilty" of the violation, it is extremely unlikely the insurance company will reverse itself on your rate increase.

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                    • #11
                      Originally posted by hgarnett View Post
                      Hello.

                      I was hit from behind in my car as I attempted to make a right turn. The on-coming car was in the leftmost lane. Therefore, there was no need for me to yield. The other car was NOT in the same lane. Once I straightened up, he came from the other lane and scraped my car on the left quarter panel.

                      Any advice on fighting this ticket in court ? Also, I have not had my day in court yet and my insurance company already wants to double my car insurance. I have not had a chance yet to prove myself not at fault yet. Still they have closed the case and wants to double the rate. Can they do that ?

                      Thanks, Stormy
                      I would have done the same thing this officer did, and written you a citation and put you as a contributing to the collision by your failure to yield.

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                      • #12
                        Originally posted by hgarnett View Post
                        Hello.

                        I was hit from behind in my car as I attempted to make a right turn. The on-coming car was in the leftmost lane. Therefore, there was no need for me to yield. The other car was NOT in the same lane. Once I straightened up, he came from the other lane and scraped my car on the left quarter panel.

                        Any advice on fighting this ticket in court ? Also, I have not had my day in court yet and my insurance company already wants to double my car insurance. I have not had a chance yet to prove myself not at fault yet. Still they have closed the case and wants to double the rate. Can they do that ?

                        Thanks, Stormy


                        You did not have the right of way. The law doesn't say you get a whole lane to yourself when turning. The vehicle that has the green light has the right of way and you are to yield to ALL traffic.

                        Georgia Code

                        40-6-21.

                        (B) Vehicular traffic facing a steady CIRCULAR RED signal may cautiously enter the intersection to make a right turn after stopping as provided in subparagraph (A) of this paragraph. Such vehicular traffic shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph, 'half of the roadway' means all traffic lanes carrying traffic in one direction of travel. Vehicular traffic shall yield the right of way to other traffic lawfully using the intersection;
                        Last edited by wirefire2; 02-03-2009, 03:00 AM.

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                        • #13
                          It's like a trooper I know who wrote a lady a ticket recently. The car in front thought she was being "tailgated" so she slammed on her brakes and the back car hit her. The front car was given the citation.

                          I've heard people say things like "in a rear-collision, the back car is always at fault" and I kinda laugh. There is no such thing as "always" with this stuff.
                          Sheriff: We just take turns being the sheriff. It's real easy. You just hang out here, eat some pie, and get drunk.
                          Peter Griffin: Wait. Hold on a second. "Pie," "drunk," "the?" You got yourself a sheriff!

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                          • #14
                            Our job is to cite for any violations of the vehicle code. The insurance companies can argue eachother at who is at fault. Your insurance company already giving up on you is not a good thing.
                            Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

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