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JohnACK · Oct 25, 2011, 06:56 PM

I had pulled left into a driveway to preform a turn about, I waited for the cars on my side to pass before pulling out of the driveway, and then I pulled out, then a female driver 20-years-of-age came around the bend as I was stopping to shift into drive and thought that I was going to hit her and swerved off the road towards a bean field where there were no objects to harm her vehicle and skidded a good distance before trying to pull back onto the road without stopping first, and when she pulled back on the road she skidded across both lanes of traffic and into someone's yard, hit a grass/dirt embankment and drifted to a halt aided by a tree which left a dent in her SUV about 3 inches wide, 6 inches tall, and half an inch deep, I received a ticket for failing to yield, however, I do not believe that this is a fair charge for she lost control of her car maneuvering out of danger of my car which was on my side of the roadway. Would it be wise to fight this ticket, I'm a 16-year-old male.

Fr_Chuck · Oct 25, 2011, 07:42 PM

Not with that story.

You can not blame her for losing control if you pulled out in front of her. You are trying to blame her for not hitting you.

She could well get a ticket for too fast for conditions, failure to maintain lanes. So it is possible for the police to also give her a ticket, Which would be your insurance companies defense perhaps in the civil issues of who pays for her damage.

But in your telling of the story, at least by GA law, you just confessed to doing it.

JohnACK · Oct 26, 2011, 07:10 PM

How so, I stayed in my lane, therefor I did not break the law in any way, shape or form. Your telling me that because she thought that I was going to go into her lane that its my fault? That is a load of horse crap, I can't control what she thinks.

Fr_Chuck · Oct 26, 2011, 07:20 PM

"you pulled out" if you pull out in front of someone, or they believe you pulled out in front of them, that if failure to yield, which is what it appears you were charged with.

You wanted I assumed a legal answer, and that is it, if you make a U turn or any turn, since you stopped and then pulled out I would not classify it a U turn more just a turn, but in either case, the turn is what is being blamed for the accident.

As you described the accident, you would be at fault, so again, your best defense is not telling that story in court, because the way I read it, you have admitted the fault.
** I know you don't see it, but then you have not studied traffic law. I have.