Accident In Parking Lot

[njkrut]

Hello.

I was recently involved in an accident in a parking lot in my local area (South West Plaza Mall, Littleton, Colorado). In the accident I was crossing the parking (cutting through the lanes) lot to go to a spot and I was hit on my left side (by someone in the lanes - who was obviously speeding) and spun 180 degrees. Immediately after the accident the passenger of the other car jumped out of the car and came to my door trying to get me to fight with him (which I obviously did not) he ripped open my door and started shoving me. I did not press charges (which I regret now). The driver of the other car and I were both injured and taken to the hospital down the street. I was cited for Careless Driving Causing Bodily Injury and she was not cited at all. I feel that she should have been cited instead of me because she hit the rear portion of my car and was going far far too fast for a parking lot -- you have to be going pretty fast to spin someones car 180 degrees. I looked at the Accident Report and the officer has her hitting the front of my vehicle and has a lot of the damage pointed to the front of my car, although there is no damage what-so-ever to the front of my car. I am trying to get him to amend it but I have been VERY unsuccessful in getting a hold of him. I spoke with his supervisor today and he will be getting the ticket immediately.

I am not sure what I should do in this situation. I know that I am a careful driver and I have a good driving record. What should I do? Any help would be greatly appreciated since I haven't been in this situation before I find myself confused with what to do.

Thank you in advance.
Nicholas J. Krut

pictures of the scene and my car:
http://njkrut.peerserver.com:5319/accident/

[Mr. Knowitall]

I recognize that cutting across lanes can seem like a way to quickly get through a parking lot, but as you now understand it can be very dangerous. Presumably you were ticketed because you ignored the traffic lanes and cut across in front of a moving vehicle that was within a traffic lane. Of course it would not help if the other driver was speeding, and if the other driver's speed contributed to the accident that should have been noted on the police report.

(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.

Given that this is a misdemeanor offense, I suggest you consult a criminal defense lawyer.

[njkrut]

I recognize that cutting across lanes can seem like a way to quickly get through a parking lot, but as you now understand it can be very dangerous. Presumably you were ticketed because you ignored the traffic lanes and cut across in front of a moving vehicle that was within a traffic lane. Of course it would not help if the other driver was speeding, and if the other driver's speed contributed to the accident that should have been noted on the police report.

(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.

Given that this is a misdemeanor offense, I suggest you consult a criminal defense lawyer.

That makes sense.

I do now realize that cutting across lanes is dangerous and normally I would not do so. I was trying to park in the next lane over and it seemed like the best decision at the time (obviously was not). I was being cautious and stopped and looked down the lane (both ways even though it was a one way) before proceeding.

I see that this is a class 1 misdemeanor traffic offense and this makes me wonder if the other party should have been ticketed as well. I truly feel that the accident was her fault completely if not partially and in addition I was taken to the hospital due to the speed at which she hit my car. Since she was speeding I was unable to avoid her and she hit the rear section of my vehicle telling me she had ample time to stop if she would have been paying attention.

Is this something that I should fight and try to win (as I feel that I am not guilty as charged) or is this one of those situations where you need to just sit back and take it?

I appreciate your comments VERY much and your advice is invaluable.

[Mr. Knowitall]

I would never "sit back and take" a misdemeanor driving offense ticket, when there is a good change that (particularly with the help of a lawyer) it can be reduced to a non-criminal charge, or when there are decent factual defenses.

[njkrut]

I would never "sit back and take" a misdemeanor driving offense ticket, when there is a good change that (particularly with the help of a lawyer) it can be reduced to a non-criminal charge, or when there are decent factual defenses.

That was my initial response but some people have told me I should drop it and move on with my life because I'm stuck at this point. It is good to see that someone agrees with me. Thank you for your advice and I'll let you know what the verdict was when all was said and done.

Nicholas J. Krut