Re: Going to Court - How Do We Fight Charge with This Evidence
Your son had an obligation to stop and yield to ALL oncoming traffic before entering into the intersection. So, the other driver did not cross into your son’s lane…it wasn’t your son’s lane yet because your son did not have the right-of-way. The fact that a collision occurred is pretty conclusive evidence that your son did not yield to oncoming traffic. The fact that the oncoming driver also committed a violation does not relieve your son of his obligation to yield.
Even if the police were mistaken about some specific details, (although, somehow, I'm thinking that they were just as able to competently examine the accident scene as you were) there is still no issue here…your son is guilty.
No, that is not enough to prove your son is not at fault…because your son is at fault. Unless the other driver’s actions were so completely off-the-wall, creating a completely bizarre and unpredictable scenario (like say a flying car coming in for a landing just as your son entered the intersection), no violation of the other driver absolves your son of his obligation to yield to oncoming traffic. Having a trailing car move to the left to pass a car turning right is very commonplace and your son had the obligation to anticipate the possibility of that occurring.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.