Failure to yield ticket and accident

[pinball88]

What do I need to do to prove that I am not guilty for failing to yield? How would I go about proving it? The law in my state (VA) basically states that the other drivers have right-of-way, but I may proceed if it is safe (and I am not impeding anyone's right-of-way). Yet, the DMV and insurance companies say that if I see ANY car on the road coming in my direction, I may not proceed. Taken literally, this could mean that I'm waiting at some intersections for hours.

My situation is that I decided to turn left as a car from my left decided to turn right. To me, I was safe to proceed because the turning car was blocking the car behind them from coming toward me. I wasn't impeding anyone's right-of-way because the car behind them could not proceed anyway. What ended up happening is that the car behind the turning car decided to go around them on the left (in my lane) and we ended up hitting each other.

After the accident, I was so shocked that I honestly didn't know what happened other than I got hit as I was turning. The police charged me because they assumed I got hit in the other driver's lane and didn't charge the driver that hit me. It wasn't until the next evening that I rememered what happened. I went out two days after the accident to photograph the skidmarks from the other driver that prove he hit me in my lane.

Even if I prove that the other driver was in my lane, will I most likely still be found guilty? What do I need to do to prove my innocence?

 

[army judge]

Yours is a fool's errand, based on a false premise.

You are not required to prove your innocence, none of us are.

The state bears the burden of proof, having to prove your guilt.

No one has ever disproven a negative.


I suggest you plead not guilty, make no admission, statement, or confession; thereby availng yourself of the constitutional protection against self incrimination.

I'd ask for a time to hire an attorney, and then proceed to retain a good traffic attorney to assist you with your defense.



You should also report this incident to your automobile insurance company before the alleged victim beats you to the punch with a story that contradicts yours!

 

[disagreeable]

How is the court to know those skid marks were from the accident? They could be from another accident or you could have put them there. What kind of car hit you?

 

[mightymoose]

As you describe it, both drivers committed violations. You proceeded into the intersection in front of oncoming traffic, and the other driver made an illegal pass.You should have waited for both cars to pass if it was that close. What was the rush?