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  1. #1

    Default Hitting an Abandoned Car on the Side of a Road

    My question involves an injury that occurred in the state of: California. I was driving to work early on a morning before the sun came up on highway with no lighting. The road was sunken in a deep valley making the highway darker than a regular roadway. There was no moon overhead, so it was that much darker. There was only 9 feet of shoulder on the side which leeds to this.
    I only remember a split second before the impact, which is why I thought at first the car pulled into my lane and cut me off, but in fact it was a black abandoned car parked on the shoulder in an approximately 30 degree angle; back end toward the freeway, nose toward the the inner part of the shoulder.
    I clipped the rear driver side with my passenger front side at 60 mph causing severe torso, face and head trauma to me.

    Should I be ticketed for unsafe turning? Should my dmv points go up.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Am I Really to Blame

    So those little reflectors on the car didn't clue you it was there?

    you were driving beyond your ability to see obstacles that might be in the road. A ticket is surely valid in such a situstion. i don't know about the unsafe turning as you said nothing about you turning.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Hitting an Abandoned Car on the Side of a Road

    Quote Quoting 1streconusmc
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    Should I be ticketed for unsafe turning?
    You haven't told us about the allegedly unsafe turn -- just that you hit a car that was parked in an unsafe manner on the highway.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,848

    Default Re: Hitting an Abandoned Car on the Side of a Road

    Why do you drive on the shoulder?

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Hitting an Abandoned Car on the Side of a Road

    Quote Quoting 1streconusmc
    View Post
    My question involves an injury that occurred in the state of: California. I was driving to work early on a morning before the sun came up on highway with no lighting. The road was sunken in a deep valley making the highway darker than a regular roadway. There was no moon overhead, so it was that much darker. There was only 9 feet of shoulder on the side which leeds to this.
    I only remember a split second before the impact, which is why I thought at first the car pulled into my lane and cut me off, but in fact it was a black abandoned car parked on the shoulder in an approximately 30 degree angle; back end toward the freeway, nose toward the the inner part of the shoulder.
    I clipped the rear driver side with my passenger front side at 60 mph causing severe torso, face and head trauma to me.

    Should I be ticketed for unsafe turning? Should my dmv points go up.
    WERE you ticketed? If so, what is the code section on the cite? If you were, I imagine it was after the collision report was completed. If that is the case, did the report indicate an Associated Factors, such as the parked vehicle possibly being on the roadway?

    If a police collision report was made, and you are determined to be at fault (which you will be if there is a report), then you will receive a point for being at fault. If you are cited and opt NOT to take traffic school (or are not given the option for some reason), then you will get at least one more point.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Mar 2013
    Posts
    18,172

    Default Re: Hitting an Abandoned Car on the Side of a Road

    Should I be ticketed for unsafe turning?
    Unsafe driving for sure.

    Should my dmv points go up.
    Yes.

    But go up from where? Do you already have points on your record?

    Not only will you get ticketed and get points but your insurance company will pay for the other car's damage and surcharge your policy for three years.

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