Automible accident issues
As a frequent contributor here on the AMHD law forum, I respect (although don't always agree with) the views of the other contributors here. My wife has run into a situation with respect to which I seek the views of the others.
On the night before last she got into an automobile accident. It was shortly after dark when she began crossing a 5-lane street (two lanes either way plus a center turning lane). She looked to her left, saw nothing, and drove as far as the center turning lane. She paused, looked to her right, and again saw nothing. As she proceeded across the last two lanes, a vehicle smacked into her from her right.
Thank God, she was not seriously injured, nor was our daughter, who was in the passenger seat. Our daughter recalls that, shortly before impact, she saw two oncoming vehicles. The one in the inner lane missed them, swerving past them via the turning lane. The other vehicle, which our daughter reports did not have it's lights on, impacted the right rear door.
They were transported to the hospital where a police officer interviewed them. I arrived as soon as I could, after the officer had departed.
Yesterday evening the officer called my wife and told her that she was being charged. He instructed her to come (an hour and a half drive-one way) and pick up the ticket. I don't think she has a duty to do this. Can she be penalized for refusing to go get it?
And, of course, what are your opinions about her liability? If, as our daughter recalls, the impacting car didn't have it's lights on, that would tend to avoid a finding of negligence &/or careless driving, I would think. But the fact that the other car evidently did have it's lights on complicates matters.