Results 1 to 2 of 2
  1. #1

    Default Highway Failure to Yield Accident

    My question involves a traffic ticket from the state of: New Mexico

    My boyfriend and I have been preparing for a road trip for several months, and we had just gotten on the road about 2 weeks ago.This Friday we had left White Sands, NM and were headed up I-25 to Santa Fe where we were planning to stay with family friends. We had just passed thru Albuquerque, where everyone was driving like bats out of hell and I was getting whippped around going 65 in the slower lane.

    We were in the suburb of Barillilo (?) when a hispanic, non-english speaking gentlemen pulled of the shoulder directly in front of me, I believe I was driving 60-65 as that was the speed I was maintaining the whole time, and even though both my boyfriend and I were watching the road, I had barely any time to react and we slammed into him going probably 55-60. Both airbags went off and miraculously neither of us were injured. I am 99.9 percent sure he was on the shoulder because of car trouble and I am pretty sure (although it happened so fast) that he pulled in front of me and his car died again because it did not appear to be moving at all. It was like slamming into a wall, and he did not seem even remotely surprised to be have been hit. The car directly behind me stopped and witnessed that he had pulled out in front of me. I only have liablility and I am terrified that the insurance companies will say this is my fault even though I know it was not- there were cars to my left, I tried to swerve but couldn't. On top of this, the police were rude and off putting, they kept asking us why were werent wearing jackets, and they searched the car for our IDs without asking permission. Is this illegal? They towed the car away, at least 3 officers and EMTS told us they were concerned with clearing the highway (not with our safety), they put us in an ambulance and we didn't get the name of ANYONE, not the witness or the other man I hit, and even though we told them we were ON A ROAD TRIP and had all of our belongings in the car, the EMTS and incredible rude tow truck driver gave us about 20 seconds to get belongings out of the car before they took it and left us at a McDonalds to wait for our friends. We are young and they treated us pretty disrespectfully, and I feel violated, like had I been less calm I might have gotten more respect.

    Obviously tomorrow we are going to get the police report, contacting insurance companies, et cetera, but if anyone has any advice of how to assert myself or what steps to take I would tremendously appreciate it. I also wonder if this is going to get complicated since I'm from Austin, TX and I'm all the way up here. We are now just hoping to get some sort of settlement for my totaled, year old car (that I payed off one month ago) and take the greyhound for the rest of our trip.

    Thanks in advance for any and all advice,
    Erynn

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

    Default Re: Highway Failure to Yield Accident

    when a hispanic, non-english speaking gentlemen pulled of the shoulder directly in front of me,
    well, not sure what being hispanic or non-english speaking had to do with anything but you did see him pull off, at least according to this statement.


    I had barely any time to react and we slammed into him going probably 55-60.
    then it appears you were driving too closely to be able to stop within the distance you allowed between the two of you. That makes you at fault, and actually ticketable.

    I am 99.9 percent sure he was on the shoulder because of car trouble and I am pretty sure (although it happened so fast) that he pulled in front of me and his car died again because it did not appear to be moving at all
    so, was his car on the road or the shoulder when you hit him? This is very important. Was he pulling on to the road or not? It doesn't seem like it would be that difficult to determine if you were on the road or not.

    I only have liablility and I am terrified that the insurance companies will say this is my fault even though I know it was not- there were cars to my left,
    I'm not convinced it is not your fault and apparently neither are you from the statements I quoted previously.

    the names of all will be on the police report. it is very important the cars be removed quickly as yes, it is an extreme safety hazard to be standing out there in the road tending to this type of situation. You never know, somebody could come along and run into you, you know, kind of like what happened to you.

    New Mexico is not a no-fault insurance system so determining fault is very important in this situation.

    Do not provide anymore info to anyone other than your insurance company or who they direct you to speak to.

    1. Sponsored Links
       

Similar Threads

  1. Failure to Yield: Failure to Yield - Merging on to Highway
    By Pulski in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 05-11-2010, 01:17 PM
  2. Failure to Yield: Pulled Over on the Left Shoulder of a Highway - Failure to Yield to Emergency Vehicle
    By jfider in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-10-2009, 06:55 AM
  3. Failure to Yield Accident
    By DoubleB72 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-21-2008, 10:47 PM
  4. Failure to Yield as a Cause for an Accident
    By texas biker in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 11-08-2008, 03:16 PM
  5. Failure to Yield: Failure to Yield Accident
    By ygreene84 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 09-29-2007, 08:05 AM
 
 
Sponsored Links

Legal Help, Information and Resources