Skateboarder Hit Me and I Get "Failure to Yield" Ticket

[JimTowne]

I was cited in AZ under ARS 28-792

28-792. Right-of-way at crosswalk

A. Except as provided in section 28-793, subsection B, if traffic control signals are not in place or are not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be in order to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. A pedestrian shall not suddenly leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.

B. If a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

My truck was hit approximately 24 inches from the front on the side of the vehicle. I was in the right hand turn lane, I had stopped, waited for traffic coming from the left and proceeded when the skateboarder hit me.
The skateboarder said he stopped and made eye contact with me. I never saw him when I turned back to the right and made my turn.
This was an unmarked crosswalk.


I am not quite sure how to proceed with my defense. Given the "bold/ital.." statement in the provided ARS. I started by looking up some facts.
NTSB says reaction time is 1.5 seconds.
Every 1 MPH equals 1.4667 feet per second
Average skateboard travels at 7-10MPH
There is approximately 12 feet of visiblity in the right lane looking right at this intersection due to a light pole and shrubs (this does not include a blind spot created by the "A" pillar of the vehicle)
When in the right hand turn lane the vehicle is approximately 3-4 feet away from the curb.



Any help would be appreciated.


--Jim

[EWYLTJ]

did he hit you on the left or right side? If left, you are probably screwed. If right, I don't see how you could be reasonably convicted of this charge.

[JimTowne]

He hit me on my right side, right above the front wheel.

I want to make sure I win this.

[aaron]

Is it that you were stopped, blocking a crosswalk, while facing a red light? If so, are you claiming that you initially came to a full stop behind the sidewalk or stop line, and only moved forward when you saw that it was safe to do so?

[JimTowne]

There was only a "stop" sign, first of all.

Is it that you were stopped, blocking a crosswalk, while facing a red light? If so, are you claiming that you initially came to a full stop behind the sidewalk or stop line, and only moved forward when you saw that it was safe to do so?

I was not blocking the intersection (which includes the path of the sidewalk cross over) prior to the accident. I only moved forward when I saw the traffic was clear, at that time, moving from one position to the other, is when the accident happened.

The officer stated, that since I had not seen the skateboarder, then I must have been at fault. I tried to tell him I occupied the intersection prior to the skateboard and even if I would have stopped sooner I might have hit him with the front of the vehicle, instead of the skateboarder hitting me. He told me to save my arguments for court.

There are a few legal reasons I need to win this, the least of which is the skateboarder has a lawyer and is trying to sue my insurance company for his injuries.

I need to know how others think I should proceed with my defense. The court date is next week.

Thanks,

Jim

[Mr. Knowitall]

Are you stating that you weren't initially blocking the sidewalk, then you didn't see anybody (including the skateboarder) coming so you pulled forward across the sidewalk and blocked it at that time? Then how much time passed before the collision? Above you make it sound like it happened as soon as you pulled across the sidewalk.

[JimTowne]

.... it happened as soon as you pulled across the sidewalk.

This is correct.

[Mr. Knowitall]

Just to be clear, were you facing a red light or stop sign, or were there no traffic control devices at this intersection?

Is the personal injury claim still something that's a matter of discussion between your insurance company and the skateboarder's lawyer, or has a lawsuit actually been filed? If it's the latter, the lawyer assigned by your insurance company to defend you against the ticket may have some suggestions about how to proceed. Whatever the status of the claim and whatever the (assumed) strength of the prosecutor's case, particularly if your record is clear, it may be possible to get a dismissal or deferral. I personally would try.

[JimTowne]

I had a stop sign, which I stopped at.

The insurance company has not offered any help in going to court for this, I have talked to them. They just want to make it go away.

I have a clean record. Not even a parking ticket in the last 7 years.

[EWYLTJ]

The bad thing is... regardless of the disposition of your ticket, the insurance company may assume all or partial liability for the incident. That could have an effect on your insurance rates.