Tuesday, November 22, 2011

Legal Advice Needed. Police say I was at fault in the accident. Am I?

I was driving my car down a road with the intention of turning right at a intersection. There were 2 cars behind me. I was at the front, car 1 was behind me and car 2 was behind car 1. I indicated to turn right and braked gradually. Whilst i was turning right, car 1 the car directly behind me braked. Car 2 overtook car 1 but crossing the double lines (into the lane of oncoming traffic) and thus hit me whilst i was turning right. The car 1 witness said i indicated too late or not at all and that i broke suddenly, which contradicted what i did. The cops said i was at fault, that by not indicating in time and braking hard i caused confusion and caused the accident because car 2 had to take evasive action by avoiding car 1. They said cause i was a P green driver that i was inexperienced and caused the accident. He said speed limit was 100 and i told him i was going 80 before the braking, and that on roads with such high speed limits i should indicate earlier and not brake as suddenly. I should also add that the road was wet because it was raining. Am i at fault?. Should i appeal this? Is there anywhere i can get free legal advice on this situation? Are the police right? Lets say I didnt indicate and i broke really hard, am i at fault ....? The car 2 should have had appropriate stopping distance plus he crossed the unbroken lines which is illegal isnt it?Legal Advice Needed. Police say I was at fault in the accident. Am I?
Of course you can. Car 2 is in the wrong. Seeming car 2 did not have enough stopping distance between car1 whilst he also didn't have enough braking distance from you. To me Car 2 is the one that was speeding and/or not paying attention. For instance, if Car 2 need to take evasive action to avoid car 1 and still hit you then seriously that was a lot of braking taking place from car 2. I don't think any time of warning would have avoided this accident car 2 was obviously not concentrating or speeding. Also if car 1 still managed not to hit you then obviously there was enough warning for him to brake in time.





PS it is not uncommon for drivers to blame others for the accident and the unfortunate part of this is your a P plater and you were bound to be the target. Dispute the claim and try not to worry about it.





Also do not say anymore to the police until you see a lawyer. I am not sure if you can get free legal advice where you are. Here in Australia we do have them listed in the telephone books. Just have a look under solictors and see if they have it where you are.Legal Advice Needed. Police say I was at fault in the accident. Am I?
Are you in the US? Because no matter the state you live in if you are rear ended the other person is most always at fault.
When someone strikes you from behind, it's their fault. They shouldn't have been following you so closely that they could not avoid you if you suddenly stop or turn.





Whether you signaled or not, and when you signaled is a bit of a moot point. You can argue you signaled in time; others will say you signaled late. It is in your interest to say you signaled in time and applied brakes gradually; it is in the other drivers' interest to say you signaled late and applied brakes suddenly. So a judge has to discount that contradicting evidence. The thing that can't be denied is that you were driving along, braking, slowing, and turning and someone flew up from behind you and struck you. That would not happen if the driver behind you had been following you at a safe distance.





The cop can issue you a ticket (not sure what for; car #2 should be ticketed for tailgating and failure to have control) but he's not the judge. You should contest this.

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