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failurety · Feb 15, 2012, 02:27 PM

Yesterday I was issued a ticket for failure to yield, which resulted in an accident. I was pulling out my drive way on a cul de sac north/south street where the cul de sac is on south side. Our house is on the east side and hence I backing out to the east lane of the street and wanted to go north to go to work (so front of my car was facing the north side after I had entered the lane). I was hit by a car driving on the north south direction. I was found guilty for failure to yield. But I was in my own lane (had not gone to the other lane). Although there are no markings on the street. I understand if I had hit someone in the lane I had backed up to that it would be my fault but this was not the case. Also the guy apologized to me saying he was going delivery for "meals on wheels" or something and was checking for the address and not paying attention. In fact I was not even moving when he hit me and I has started steering my wheel after I had changed from reverse to first gear (I drive manual) so I am baffled that this is my fault. My husband thinks the officer was not correct to find me at fault. What do you all think? Should I contest this?

ScottGem · Feb 15, 2012, 04:51 PM

If you were entering a lane of traffic and where hit it is failure to yield. Whenever you enter a lane of traffic from a driveway, intersecting street, etc. the car already in the street has the right of way.

On the other hand, if you appear at traffic court you can probably plead it down to avoid points on your license.

ballengerb1 · Feb 15, 2012, 06:15 PM

If all the facts you stated can be proven in court I'd take my chances with trying to get this thrown out. If the other party crossed over into your lane, and you were motionless in your lane, he should be getting the ticket.

Fr_Chuck · Feb 15, 2012, 06:28 PM

The issue in most of those circles there are no lanes, every , one basically just circles around. Often many have "unwritten" local rules of all going in one direction, but they are far from having right and left lanes all around a circle.

Had you pulling out, looked both ways, it is of course worth a try in court on the ticket. I would expect your insurance to still pay the damages for the civil side.