
Quoting
Chichimeca
My question involves a traffic ticket from the state of: California.
My wife was involved in a collision (her car vs a pedestrian) in a private parking lot. The pedestrian claims that she was side swiped (by driver's side of car) by my wife's car as she made a left turn while the car was moving at about 3-5 miles/hour. I was a passenger in the car when this incident occurred. We did not hear or feel any impact of hitting the pedestrian. We told the police that as my wife made the left turn we were momentary blinded by the sun and did not see the pedestrian.
The Police report corroborated the car speed and noted the sun affecting our vision at the time of the turn.
But, in the last section of the report which happens to be the CAUSE:, the police officer wrote " Driver caused this collision by failing traveling at a speed unsafe for for conditions, violation of CVC section 22350"
I wrote the police regarding this CAUSE and argued that the real cause was that my wife was momentarily blinded by the sun and that speed was not a factor in this incident. The police replied with "if your wife had been going at a safer speed, she would have had time to stop the vehicle before side swiping the pedestrian"
-what are your thought on this? can I continue arguing my point?
The pedestrian file a case against my insurance.