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    Jon07's Avatar
    Jon07 Posts: 5, Reputation: 1
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    #1

    Nov 28, 2009, 11:59 AM
    Fight or plead "No Contest" to this Failure to Yield citation?
    I was in an intersection preparing to turn left. Oncoming traffic had three lanes: a left turning lane (which I was facing), a middle lane, and an outside lane. The light turned yellow and the two inner lanes of cars came to a stop. One car (an SUV) in the outer lane was slowing down, so I prepared to clear the intersection, but their turn signal came on, so I waited. As they turned, the light turned red. I waited for the SUV to complete the turn and began to clear the intersection (as now there is red in all directions) when a truck came seemingly out of nowhere flying down the outside lane (the same lane the SUV had been in) and straight into the intersection, running the red. He struck me, totaling my car, but because no one stayed to be a witness, I was cited for failure to yield. Two questions: since it's my word against the other driver's, what are my chances of fighting this? What costs are involved if I lose? And if I plead no contest, what kind of fine or penalty am I looking at here in Georgia? Thanks.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 28, 2009, 12:06 PM
    Quote Originally Posted by Jon07 View Post
    since it's my word against the other driver's, what are my chances of fighting this? What costs are involved if I lose? And if I plead no contest, what kind of fine or penalty am I looking at here in Georgia? Thanks.
    Hello jon:

    It ISN'T your word against the other driver. It's the EVIDENCE which stacks up against you, and then it's your word against the COP who wrote the ticket. The evidence shows that you were in the intersection when a car you were supposed to be yielding to, hit you. There is NO evidence that he ran a red light.

    Most people, who've seen an accident like yours would be HAPPY to give their statements to the cops. I wonder why you didn't have ANY people like that.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Nov 28, 2009, 01:03 PM
    Quote Originally Posted by Jon07 View Post
    I was in an intersection preparing to turn left. Oncoming traffic had three lanes: a left turning lane (which I was facing), a middle lane, and an outside lane. The light turned yellow and the two inner lanes of cars came to a stop. One car (an SUV) in the outer lane was slowing down, so I prepared to clear the intersection, but their turn signal came on, so I waited. As they turned, the light turned red. I waited for the SUV to complete the turn and began to clear the intersection (as now there is red in all directions) when a truck came seemingly out of nowhere flying down the outside lane (the same lane the SUV had been in) and straight into the intersection, running the red. He struck me, totaling my car, but because no one stayed to be a witness, I was cited for failure to yield. Two questions: since it's my word against the other driver's, what are my chances of fighting this? What costs are involved if I lose? And if I plead no contest, what kind of fine or penalty am I looking at here in Georgia? Thanks.

    I investigate motor vehicle accidents in NY (if the State matters). If I represented you this is what I would tell you:

    You turned in front of the truck. You are responsible for seeing that your path is clear.

    As excon said, it's not your word against the other driver's. You also have the Police Officer (and ticket) to contend with. Does the Police Report indicate that the Officer spoke to witnesses OR did he write the ticket based on evidence at the scene?

    By saying that the truck came flying down the lane, seemingly out of nowhere, you admit that you did see that vehicle prior to the accident - how far before the impact no one knows. By saying it was "flying" you indicate you can estimate it speed. If you can estimate its speed you saw it long enough before the impact to stop.

    I do see an argument (where insurance is concerned) for joint fault - you turned but he didn't stop or otherwise avoid you.

    When a left-hand turn is involved it's almost always the fault of the driver going straight through UNLESS there are believable witnesses.

    I know you don't want to hear it but that's how accident investigations go.

    You could call around and see what Attorneys in Georgia are charging as well as what the fine/penalty could be.

    One other thing will be important - what did your insurance company determine concerning the cause of the accident?
    Jon07's Avatar
    Jon07 Posts: 5, Reputation: 1
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    #4

    Nov 28, 2009, 01:09 PM
    Quote Originally Posted by excon View Post
    Hello jon:

    It ISN'T your word against the other driver. It's the EVIDENCE which stacks up against you, and then it's your word against the COP who wrote the ticket. The evidence shows that you were in the intersection when a car you were supposed to be yielding to, hit you. There is NO evidence that he ran a red light.

    Most people, who've seen an accident like yours would be HAPPY to give their statements to the cops. I wonder why you didn't have ANY people like that.

    excon
    It was 7:40 AM and I suppose most people didn't want to be late for work, but that begs the question: If I was wrong, why didn't anybody stop to give evidence to support the other driver? In fact, even as I sat in my car with my airbags settling around me, the other drivers started to carefully drive around me. No one got out to check if I was okay. Even if people didn't want to be bothered to be witnesses, I was stunned that no one did at least that. At any rate, I think you answered my question. I can't prove the other driver ran the red and the evidence points to me pulling in front of him. What happens if I plead "no contest"?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 28, 2009, 01:15 PM
    Quote Originally Posted by Jon07 View Post
    It was 7:40 AM and I suppose most people didn't want to be late for work, but that begs the question: If I was wrong, why didn't anybody stop to give evidence to support the other driver? In fact, even as I sat in my car with my airbags settling around me, the other drivers started to carefully drive around me. No one got out to check if I was okay. Even if people didn't want to be bothered to be witnesses, I was stunned that no one did at least that. At any rate, I think you answered my question. I can't prove the other driver ran the red and the evidence points to me pulling in front of him. What happens if I plead "no contest"?


    Why don't people stop at accident scenes? I am usually told it's because they don't want to get involved AND they don't want to have to go to Court if things go sour. And, yes, I've investigated fatalities where people drove around the cars and kept going.

    The other side of this is people who give their names and actually saw nothing - I talk to a lot people who showed up following the impact but have a "real good idea" what happened - go figure.

    As far as why didn't people stop to give witness for the other driver, maybe they thought he was straight through, you were turning, he didn't need any more support than that.

    I don't know if you are allowed to plead "no contest." It may be innocent or guilty. Before you enter ANY plea I would talk to your insurance company and see what they are going to do.

    Was the other driver injured? Were you?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Nov 28, 2009, 01:51 PM

    Ok, in Georgia,

    Pleading no contest will do some things

    First you get fined just like you plead guilty. So what ever the fine is, it is the same regardless of pleading guilty or not guilty.

    In some area you may work a plea that allows you not to get points assigned to your license if this is a first offense if you plead no contest, but it will vary by court.

    Also it is used for civil law suits, the person who hit you ( who will want to sue you for the damage to their vechilce) can't use your plea as proof of your fault.

    Normally for minor traffic offenses unless it allows no points to be assigned really does not help you
    Jon07's Avatar
    Jon07 Posts: 5, Reputation: 1
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    #7

    Nov 28, 2009, 01:52 PM

    Nobody was injured, fortunately. His truck had a little damage to his bumper but mine went to the salvage yard. The officer did not speak to any witnesses other than the two of us involved. When I saw his truck coming, it was only the split second before he hit me, thus the "he came out of nowhere" statement; it was impossible to avoid him. The turning lane in front of me was stopped, the inside through lane was stopped, and the outside lane had only a moment before only one vehicle, the SUV that turned right (my left). It being Thanksgiving week, I haven't had a chance to get back with the insurance company. I need to do that. Thanks for all advice.
    Jon07's Avatar
    Jon07 Posts: 5, Reputation: 1
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    #8

    Nov 28, 2009, 01:55 PM
    Quote Originally Posted by Fr_Chuck View Post
    Ok, in Georgia,

    pleading no contest will do some things

    first you get fined just like you plead guilty. So what ever the fine is, it is the same regardless of pleading guilty or not guilty.

    in some area you may work a plea that allows you not to get points assigned to your license if this is a first offense if you plead no contest, but it will vary by court.

    Also it is used for civil law suits, the person who hit you ( who will want to sue you for the damage to thier vechilce) can't use your plea as proof of your fault.

    Normally for minor traffic offenses unless it allows no points to be assigned really does not help you
    Fr. Chuck,
    It is my first offense, and I mentioned No Contest because I wouldn't want the other driver to come back later claiming he really did get injured after all. Also, shouldn't my insurance take care of the damage to his truck?
    Thanks.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Nov 28, 2009, 02:07 PM

    Yes, your insurance should take care of it, and would have to, if they decide not to pay for some reason, he sues you, then the insurance will have to pay.

    But if you were listed at fault on the police report what you plea will not make much difference
    Jon07's Avatar
    Jon07 Posts: 5, Reputation: 1
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    #10

    Nov 28, 2009, 02:21 PM

    Thanks for all the advice. My court date is Dec. 30. I wish I knew what kind of a "present" I could expect to give the traffic court, but I have no idea what a citation like this might cost me, so I'm going to have to put some money aside. Fortunately, if it turns out to be big, my kids aren't materialistic, so if they don't get much for Christmas, they'll be understanding. Just bad timing, though.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Nov 28, 2009, 02:36 PM

    You did not say what county, but basically about 100 o 150 dollars would be my guess.

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