I was involved in a car accident this weekend and I think I'm innocent.
I pulled up to a stop sign- checked traffic in both directions- saw nothing and proceeded through the intersection. Half way through, a fast moving car came into the intersection. I gassed it to get through asap but the girl in the other car clipped the back end of my car.
She stopped, got out and came over to me and apologized profusely and said " I'm f... ed, I just had 3 beers. The police came , did their investigation and charged her with dui but gave a me ticket for failure to yield- essentially making me responsible for the crash.
Here's why I think I'm innocent- there's a hill just before the intersection that blinds the driver to oncoming traffic.

I went back the next day with a stop watch and measuring tape. At 30 mph ( the posted speed) it takes about 11-12 seconds for a car to get to the intersection from the point on the hill where you can see oncoming traffic. It only takes 4 seconds to get through the intersection- plenty of time unless the oncoming vehicle is speeding. I did my calculations and figured her speed to be 65- 80 mph.
How can I yield to a vehicle that was never in my sight?

Any thoughts- should I fight this or just suck it up and go on?
Thanks
azdriver

Quote:

---

Originally Posted by azdriver

how do I fight a failure to yield ticket

---

Hello driver:

You go to court and plead not guilty. They'll have a hearing and or "trial", and you present your evidence, the cop'll present his, and the judge will decide.

There's a good chance the cop won't even show up.

Do I think you'll win? I don't know.

excon

A couple of good things, go to court and plead not guilty, if there is no one there to testify against you, it is very likely they may dismiss the charges.

But yes, legally you are guilty, not what you want to hear but you by law are suppose to "NOT" enter unless it is clear and you know you can process across.

So if the police officer shows up and has any notes what so ever, odds are you will lose, but you have nothing to lose on it.

But even if you get out of the ticket, the fact that you pulled out makes you liable for the insurance ( the civil issues) so your company will have to pay anyway.

I would fight it. I would point out how long it takes to get through the intersection and then point out the damage was to the rear end of your car. That should show that you had the right of way in the intersection. That along with her DUI, should get you off.