Failure to yeild resulting in a accident

[Leira]

Jurisdiction

New York

Last saterday after waiting at a light to make a left I followed the suv infront of me into the exit ramp. I Was tboned by a car traviling very quickly. I did not see her coming at all and it was dark but her headlights where on, she made no attempt stop.

she clames to have had a green and I beleved her at the time of the accident, as i really can't rember the moments before well. But upon driving down the same street the next day I realized the light gose from red to a green arrow and I know I waited at the red. should i fight this? I am not sure as i really don't rember if i had a arrow or not but i do rember waiting at the light then turning. I also think she was speeding as I could not see her coming at all and i shpuld have sceen headlights pretty far.

I was charged with failure to yeild resulting in injury to other driver. I just want to know i should fight to spite not rembering the events up to the accident. both cars where totaled and the cop didn't ask much in the way of questions just asked if i had a green i said i think but that i didnt really rember.

Also sorry for spelling.

 

[Highwayman]

What were you actually charged with, i.e. what section and subsection of the Vehicle and Traffic Law?

You are not describing the accident very well. For instance, what exit ramp? You were on a highway with a traffic light???? What direction was the other car coming from in relation to your car??

 

[Leira]

What were you actually charged with, i.e. what section and subsection of the Vehicle and Traffic Law?

You are not describing the accident very well. For instance, what exit ramp? You were on a highway with a traffic light???? What direction was the other car coming from in relation to your car??

I was turning left on to a ramp on to a highway from a stop light on a non major road. I was hit by a car going straight at the same light. she hit me on the passenger side door with the front of her vehicle.

I was charged with 1111a1 with the comment "defendant made a left hand turn in front of another vehicle causing a collision and injury to the other driver"

I do not remember the lead up to the accident well but I know I was stopped at the light before i made the left with one car in front of me. Due to my failure to remember events clearly i was going to plead guilty until i released that i must have had a green arrow for the turn.

 

[adjusterjack]

You made a left turn in front of an oncoming vehicle and got hit. The legal presumption is that you failed to yield. Had you yielded you wouldn't have been hit.

Without an unbiased witness, your claim that she ran a red light or was speeding or whatever will fall on deaf years because of the presumption.

There may be technicalities that a lawyer could use to get you out from under the ticket but that won't change the fact that your negligence caused the accident and your insurance company will pay for both cars and any injury to the other driver.

 

[Leira]

You made a left turn in front of an oncoming vehicle and got hit. The legal presumption is that you failed to yield. Had you yielded you wouldn't have been hit.

Without an unbiased witness, your claim that she ran a red light or was speeding or whatever will fall on deaf years because of the presumption.

There may be technicalities that a lawyer could use to get you out from under the ticket but that won't change the fact that your negligence caused the accident and your insurance company will pay for both cars and any injury to the other driver.

i beleived this to be the case as well untill I figured out I had to have had a green arrow not a green light. like i said i wasnt going to fight it at all untill the next day on the same road i realized it gose from red to green arrow not red to green. I know i waited at the light and then whent. at first i thought i must not have sceen her some how but now i think i must have had the green arrow... i dont know maybe your right

 

[adjusterjack]

The trouble is, "believe" and "must have" is not evidence.

You would need a witness to come forward and testify that she ran a red light. Without one, there's no way to prove that you aren't at fault.

 

[Highwayman]

I was hit by a car going straight at the same light.

That's not much better - I assume you mean the other car was traveling in the opposite direction?

You can probably fight the charge just based on the fact that the officer did not witness the accident and had no way of knowing for sure what actually happened. An attorney would definitely be a benefit here. What city/town/village did this occur in?

Of course, even if the ticket is dismissed you can still be found at fault by an insurer.