I was driving late (10 pm) two months ago. While crossing an intersection at low speed (I have green light) a pedestrian suddenly came out of the median in the cross path. She was hit and injured by my car.
The police came, investigated, and cited me for running the red light. He said that there were some witnesses seeing me running the red light.
I got the police report a few weeks ago. In this report, the only witness, who was travelling in the opposite direction at the time, was waiting for a left turn at that intersection and saw the accident. He DID NOT see the light in my direction. Since the light was red in his direction, he thought that it SHOULD be red in my direction as well. This is the only evidence that the police has.
I plan to contest this in traffic court. What evidence would you think I should collect in order to effectively argue for my case?
Thanks.
2006-09-08 06:48:02 · 6 answers · asked by Bao Le 2 in Politics & Government ➔ Law Enforcement & Police
You are still going to be partially liable because pedestrians have right of way, even if they are j-walking. I knew of this guy in a few towns over that used to jump out in front of cars just to sue them, and he won each time.
That doesn't mean that person isn't an idiot for not looking before crossing.
2006-09-08 06:53:22 · answer #1 · answered by FaerieWhings 7 · 0⤊ 0⤋
Just state in court everything you just stated to us. If it goes far enough in court (hopefully it won't) your lawyer or insurance's lawyer will have a chance to ask the witness if he was able to see the light you supposedly ran. From what you just told me this witness could not so basically it is your word against the person you hit. If the person you hit wants money from you or your insurnace they first have to prove you were at fault. Of course I am sure laws vary by state with regard to pedestrian right-of-way.
2006-09-08 06:59:58 · answer #2 · answered by Podiatristdja 2 · 0⤊ 0⤋
In my humble opinion I think you're going to lose. But fortunately my opinion won't be taken into consideration by the court.
2006-09-08 13:08:12 · answer #3 · answered by nothing 6 · 0⤊ 0⤋
Just go to court and tell the Judge your story.He will listen fairly and render a judgement.
2006-09-08 09:09:28 · answer #4 · answered by John G 5 · 0⤊ 0⤋
Darn I thought you had gotten a citation for running a whore house.
2006-09-08 06:51:06 · answer #5 · answered by namsaev 6 · 1⤊ 0⤋
can u get the witness in court? & to say what? i dont disagree with cops no mmatter what tey sayz=no sense
sounds like an insurance co. liability [lawsuit=easy$$$] they might be willing to defend & get affidavits.or settle.sounds like the cop should be fired for changing witnesses to witness...............good luck
i'll keep this in mind as i fly & look for pooh targets..................chirp!
2006-09-08 07:01:41 · answer #6 · answered by enord 5 · 0⤊ 1⤋