Accident Involving a City Vehicle

**Biologylove** · 08-27-2011, 06:14 AM

My question involves a traffic accident in the State of: Arizona

I was hit by a city vehicle making a left turn from a busy street onto a residential street. The driver struck me and proceeded to tear off my front bumper with their rear bumper. My car had to be towed. No one was injured, but the damage to my car was quite substantial. I told the officer what happened, and he seemed to understand. After speaking to the other driver (laughing and joking around with them), he came and told me that the other driver didn't even see me when they were turning, claimed it was just an accident and nothing more. He sent the city official on their way and called a tow truck for me. After handing me a large amount of paperwork, he asked me to sign a citation. Apparently, I was cited for unsafe start from stopping position. I was flabbergasted. The ticket said I was moving at 10 to 15 mph, but I was completely stationary when they hit me. I told him that and have no idea where he came up with that number since the other driver never even saw me until right after the accident. (Their actual statement claims that they thought they had been rear ended. It doesn't make any sense since there was an impact mark on the front of their vehicle.)

I have a nagging suspicion that the city official was let off because of their title, and I was unjustly cited. What are the chances that a judge is going to believe me, and make this ticket disappear?

**LawResearcherMissy** · 08-27-2011, 07:51 AM

The courts don't operate on "chances", they operate on facts. No one here can lay odds on who the judge is going to believe.

Retain counsel and fight the citation.

**Biologylove** · 08-27-2011, 08:03 AM

Let me rephrase, how often does the court system take the word of an average citizen over the word of a police officer? I'm asking this to people who have had experiences with this type of situation.

I know what the law says, and I will be fighting the citation.

**Mr. Knowitall** · 08-27-2011, 08:06 AM

Quoting Biologylove

The driver struck me and proceeded to tear off my front bumper with their rear bumper. ... (Their actual statement claims that they thought they had been rear ended. It doesn't make any sense since there was an impact mark on the front of their vehicle.)

When they hit you with their rear bumper, they ended up with a mark on the front of their vehicle?

**Biologylove** · 08-27-2011, 08:24 AM

Quoting Mr. Knowitall

When they hit you with their rear bumper, they ended up with a mark on the front of their vehicle?

She hit my car with the front passenger side corner of her truck. She was driving pretty quickly and scratched all the way down the side of the her truck until her rear bumper latched onto my front bumper, yanking it off.

**LawResearcherMissy** · 08-27-2011, 08:26 AM

Let me rephrase, how often does the court system take the word of an average citizen over the word of a police officer? I'm asking this to people who have had experiences with this type of situation.

We can't answer that. It's not like there are statistics available to help people guess at their own outcomes. Court ain't Vegas, baby, and one person's - or a thousand people's - outcomes have no bearing on your situation. I know that's not the answer you want to hear, but speculating is irresponsible and very few responders here will do it.

**Mr. Knowitall** · 08-27-2011, 08:38 AM

It's not a matter of your word versus that of the officer. The officer will have an assessment of how he believes the accident occurred based upon the evidence from the scene and witness statements, but he wasn't there. If, based upon the testimony and evidence submitted, the court finds the officer's explanation of how the accident occurred to be more credible than yours, you can expect to be found to have committed the violation.

You haven't told us much about how the accident occurred - the layout of the intersection, lights or other controls, who had right of way, lane markings the point inside the intersection at which contact occurred, etc. - so we're not positioned to comment about the accident.

**Biologylove** · 08-27-2011, 08:55 AM

Quoting LawResearcherMissy

It's not like there are statistics available to help people guess at their own outcomes.

Not trying to guess my outcome. I'm aware of the law in my area, and I know I am not at fault. The insurance has even investigated and determined I am not at fault. The only unknown here is will I have to pay a ticket I was wrongfully issued. I want to know if anyone else has had to fight against their city in this type of case. I'm not compiling a chart of the guilty's and not guilty's and bringing it in as evidence. I'm just asking for a little bit of heads up before I attend my hearing.

Quoting Mr. Knowitall

You haven't told us much about how the accident occurred - the layout of the intersection, lights or other controls, who had right of way, lane markings the point inside the intersection at which contact occurred, etc. - so we're not positioned to comment about the accident.

She was turning left from a busy street onto a residential street. I was pulled over on the curb of the residential street, waiting for her to complete her turn so I could pull out. My car was tilted slightly towards the street. I could not see the traffic she was waiting for, but I want to give her the benefit of the doubt and assume it was busy enough that her full attention was focused on not getting hit as opposed to what she might be turning into. She had nearly completed her turn when she hit the front drivers side corner of my vehicle. She scratched along the side, latched her rear bumper onto my front bumper and tore it off. She obviously had the right of way, but since I was not in the street I had not violated any laws.
My car was stationary. She said she didn't even see me, and since there were no other witnesses I have no idea where the police officer came up with the idea that I was moving.