Minor First Accident, Possibility of Reduction

[Protocol7]

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

Hello, I come to you today asking questions about an accident I was involved in recently.

The scenario was as follows:

A car was trying to merge onto the highway. I'm going about 50mph, he's about the same. Speed limit was 65 and we were 15 under because we had just passed an accident. The bumper-to-bumper traffic was beginning to thin up at this point. The car was trying to merge in front of me and began its merge without giving me adequate time to give them space to merge, and I instinctively swerved out of the way once I realized he was a threat. I ended up swiping up against a truck in the left lane, but thankfully there was absolutely no damage to his truck whatsoever - the point of contact between him and I was his passenger side front wheel, which damaged my driver's side pretty significantly but his truck was undamaged. The police officer cited me with careless driving, and I do not dispute that I hit his car. However, these are the circumstances:

I am a 19 year old driver and have had my license for 2 years, and my permit for a year and a half beforehand, so I have plenty of driving experience, and to boot, a clean record. However I have purchased the vehicle involved in the accident barely a week before, though I had personally clocked 500 miles on it between registration and the accident so I was already fairly used to the vehicle. I'm looking at about $2500 in repairs for my own vehicle.

So my question is, what is the possibility I can get this dismissed? I am not an aggressive driver, was trying to avoid a potential accident and ended up making an inexperienced mistake that caused another accident. Seeing as my record is otherwise clean, the fellow I hit agreed that I was forced into his lane by the other driver (whose information I did not acquire). I made a mistake and I fully accept responsibility however I feel that the misdemeanor charges and 4 point strike is far too severe based on the circumstances, but I would like a second opinion.

Additionally, would I benefit from an attorney? The only gripe I have is with costs since repairs alone will bring me dangerously close to being broke.

[zan_axe]

not even going to attempt to answer the legal aspect of your question, but can it be assumed you have no collision on your insurance?

[PTPD22]

I am a 19 year old driver and have had my license for 2 years, and my permit for a year and a half beforehand, so I have plenty of driving experience, and to boot, a clean record.

Well, I have to state that I disagree with your statement. 2 years experience + 1 1/2 years on a permit does NOT, in my humble opinion, in any way come close to making you an "experienced" driver. In fact, you admit this to be true with your own statement:

I am not an aggressive driver, was trying to avoid a potential accident and ended up making an inexperienced mistake that caused another accident.

I made a mistake and I fully accept responsibility however I feel that the misdemeanor charges and 4 point strike is far too severe based on the circumstances, but I would like a second opinion.

Here, I agree with you. From what you describe, I think a careless driving charge is a bit steep. Personally, I would have let it go with an unsafe lane change. Nonetheless, you were charged with careless and that is what you need to focus on.

Additionally, would I benefit from an attorney? The only gripe I have is with costs since repairs alone will bring me dangerously close to being broke.

Yes, you should absolutely consult with an attorney. This is a criminal charge so, if you qualify, you can ask for a public defender. An attorney with familiarity with the court and prosecutor's office will be in a much better position to negotiate a reduced charge than you will have on your own.

[Protocol7]

not even going to attempt to answer the legal aspect of your question, but can it be assumed you have no collision on your insurance?

I do but only if I am not held liable for the accident, so I still have to pay for it out of pocket. Which isn't great, but I saved up enough for something like this anyway so...

Well, I have to state that I disagree with your statement. 2 years experience + 1 1/2 years on a permit does NOT, in my humble opinion, in any way come close to making you an "experienced" driver. In fact, you admit this to be true with your own statement:





Here, I agree with you. From what you describe, I think a careless driving charge is a bit steep. Personally, I would have let it go with an unsafe lane change. Nonetheless, you were charged with careless and that is what you need to focus on.

Yes, you should absolutely consult with an attorney. This is a criminal charge so, if you qualify, you can ask for a public defender. An attorney with familiarity with the court and prosecutor's office will be in a much better position to negotiate a reduced charge than you will have on your own.

Mmkay, I will look for an attorney. Thank you for your advice