My question involves a traffic accident in the State of: Ohio
Hello - I have been looking through this site and all over the internet to get some information on how to fight a citation in connection to an accident a month ago. Here is what happened:
I was driving north on a two lane road, separated by a double yellow line. I was not speeding, intoxicated or distracted. Ahead of me was a U-Haul truck traveling in the same direction. The driver of the U-Haul turned her left turn signal on (I know this can't be proved and the other driver says she had her right signal on) as if she was turning left. At the point she was driving, the road begins to widen to allow for a curved, shaded yellow area to begin, eventually becoming a left turn lane. As this shaded area began, she moved the truck into it (I was still following behind at a reasonable distance) until she was all the way into it. By the time the truck was completely in the shaded area, I was catching up to her and continued (thinking she was turning left) in the normal lane of traffic, straight ahead. I did not move into the shoulder or speed up to "pass" her - I was simply continuing in my lane. As soon as I came along side of her, she started coming back into the "normal lane" that I was in. I attempted to avoid her, as I noticed her out of the corner of my eye, but she was actually making a BIG wide swinging right turn into a driveway on the right side of the road. She hit me in the driver side door and totaled my vehicle.
Initially, the officer did not cite either one of us, deferring the initial judgement until he talked to his sergeant. The next day he told me he was citing only me for failure to assure clear distance on the grounds that, "by law", the driver of the truck has no legal responsibility to look over her right shoulder, or in her mirror to assure the lane is clear before she completes her right turn. Furthermore, he said that her "lane" includes the shaded area - essentially from the white line on the right side of the road to the center double yellow line that divides lanes of traffic from north and south bound traffic.
I have been looking and looking for over a month and cannot find anything that specifically talks about a case like this. I have court this afternoon and as a last resort, decided to post here to see if there is anyone that might have a comment or two that might help. Sorry for the urgency but thanks in advance for any help.