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  1. #1
    Join Date
    Oct 2010
    Location
    Atlanta, Georgia, United States
    Posts
    2

    Default Cited for Failure to Maintain Lane After Accident with Speeding Driver

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

    I was headed north in far left lane. I had just turned onto the road. There are three lanes on this urban road on both sides. The vehicle in the middle lane (to my right), did not see me, and attempted to make a sharp turn (left or u-turn, idk) shortly after I'd turned onto the street. I must have been in his blind spot.

    The final collision was a jackknife. I saw him moving very quickly not only into my lane, but seemingly intending to progress beyond it; and he was almost perpendicular to me when we made eye contact. I slammed on the brakes, blew the horn, and when I realized I could not stop quickly enough, I swerved to the left, crossing the double lines into the other lane. There is usually no southbound traffic, and thankfully, no one hit the guy on his passenger side. Although now I wish they did because it would have proven that he turned illegally from the middle lane.

    I called the police. I thought it was open and shut. Little did I know, the officer was having some trouble figuring out what happened. Although there was significant crush impact to the other vehicle (almost 12" into the driver's side), when I impacted his car, his frame snagged 9-12" of my front right side (near the headlight). It's minimal crush damage but the presence of any side impact at all on my car boggled the mind of the officer. Another reason the officer was experiencing some trouble was because the other driver said that I moved over into his lane. The officer issued citations to both of us for failure to maintain lane and told us to hash it out in court.

    I called his insurance company, they said that it's my fault because the police report said nothing of a u-turn. The report says that I said he "turned" into me. Still not quite sure why that's relevant. It's currently in process with my insurance company, but I fully intend to expose the other driver because it's not fair for me to have to swallow a deductible on this.

    There was a skid mark. I went back to measure it and it originates in my lane from my left front wheel, and ends precisely where we collided. The length was between 20'-20'11". I have compiled my statement, the car pictures I took at the accident site, and the skid mark images/measurements. The police officer never even walked out into the street (we moved our cars to a nearby lot) to check for skid marks or debris. I doubt he cared it happened at all. FYI: We both had SUVs, I had an '02 Tahoe, and he, an '00 Blazer. I believe the speed loss from the skid mark is between 20-22 mph, so I imagine to recreate the impact to his vehicle according to both stories, the speed would be significantly different in each scenario. From near direct impact, I could be going slower and crush more steel. But I definitely would have to be going much faster than in the previous scenario to create equivalent damage from the side (if i was changing lanes, then struck him). Right?

    Further, there aren't any skid marks in the middle lane, or even near the middle lane. I don't know how much that matters, but I hope the judge would consider that within only a few feet of this accident site, right where one of the driver's was allegedly slamming on the brakes, and swerving left, there is a huge skid mark.

    1) Is the data going to be enough in court? I'm afraid since his insurance company favored his version (although they're obviously incentivized ) that the court may do the same.

    2) Although I cannot afford an attorney, would that even help me?

    3) Is it lawful that I avoided the accident by swerving left? We landed in the middle of the far left lane on the side of the oncoming traffic. But otherwise, I would have driven right into his lap.

    4) What is the best strategy to plead my case?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cited for Failure to Maintain Lane After Accident with Speeding Driver

    1. On a hearing for the ticket? The photos you took show the skid marks and the debris? Absent debris (and possibly even with it) the court may not be convinced that the skid marks are from the accident - I can make no promises. An important thing you might show from the skid marks, it would seem, would be that you were proceeding straight ahead in your lane prior to his merging and only left your lane after he created the hazard.

    2. Maybe.

    3. It's lawful to swerve to try to avoid a collision. Your defense to crossing the center line would be "exigent circumstances".

    4. What do you mean? To plea bargain? To argue your case with the court? To argue your case to the insurance companies? In simple terms: tell the truth.

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