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David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 832
Experience:  JD with Distinction, Admitted to practice in California
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I was on an accident I was driving north when a man tried turning

Customer Question

I was on an accident I was driving north when a man tried turning on a road to his right he didnt give me any chanse to break so I swearved right to avoid hitting him but was to close.... now they said its my fault .....they said I was going to fast because I didnt leave any marks on the road ...but I couldnt since he decuded to turn right wheb I was passing...what can I do
Submitted: 9 months ago.
Category: Legal
Expert:  Irwin Law replied 9 months ago.

From your description of the accident, it is impossible to tell whose fault it was. There are both criminal and civil liability aspects to your situation. The criminal are the citations which can result in fines and points against your driving record. The civil involves claims for personal injury and property damage - both yours and the other driver's. You can present your defense in court with or without a lawyer, and try to avoid the traffic citations. The civil aspect of money damage is usually handled by attorneys and the insurance companies involved. The sooner you have an attorney or someone skilled, investigate the matter, the more chance you have of being able to prove that you were in the right.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

 

Customer: replied 9 months ago.

Why is it im possible?

Expert:  Irwin Law replied 9 months ago.

There are many aspects that go into liability in an accident. I don't have all the facts such as Photos, measurements, witness statements. It sounds like the other driver tried to make a right turn from the wrong lane and pinched you off. If that can be proved, then the law would view it as being the other driver's fault.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 8 months ago.

The expert was not pointing out points I told him tge dirction I was going and so on but uts okay I went to court today and pleed not guilty for recklees driv8ng all just have to see how it goes

Expert:  Irwin Law replied 8 months ago.
I hope it all works out for you. There's no need to Reply to this info request.
Expert:  David C. Garner replied 8 months ago.

Hello,

 

My read of the facts is that you came up behind a car that slowed to make a right turn. You did not have enough room to stop, so you tried to move around this car to the right but were unsuccessful in avoiding a collision. Is this a correct statement of how things happened?

 

DCG

Customer: replied 8 months ago.

No I was traveling east and he was traveling west so it was a head on collision

Expert:  David C. Garner replied 8 months ago.

Which lane were you in when the cars came together - yours or his?

 

DCG

Customer: replied 8 months ago.

Mine ...are u charging me for each question?

Expert:  David C. Garner replied 8 months ago.

No, you only get charged if you accept the answer.

 

So you were going east, this other car was going west and tried to turn to their right (would be away from you an not across your travel path). How exactly did the accident happen then?

 

DCG

Customer: replied 8 months ago.

Then I saw he wanted to turn so I slowed more down.... suddenly he decides to turn right maybe wheb I was 20 feet away I tried to avoid hin to the right but I hit him head on ....I didnt leave no skid marks...so the cop said im at fault for reckless driving when I was only going maybe 7 miles over speed limit.......... the other driver said in the report that he saw I was 1 1/2.blocks away wich a block is 80 to 100 meter meaning I was 400 feet away so wen do they compare 20 feet to 400 I still cant understand that..... what do you think about this? Is this better explanatian?

Expert:  David C. Garner replied 8 months ago.

Ok,

 

So he is coming toward you and he decides to turn to his right (which is away from you). You decide to turn the same direction which must have been left for you, and you struck his car. I fail to see how that could not be your fault. Apparently at no time did he cross your path of travel.

 

Am I missing something?

 

DCG

Customer: replied 8 months ago.

No sir its the other way I was going on my path and he wanted to turn to the left

Expert:  David C. Garner replied 8 months ago.

Ok, now this is a completely different set of facts. So he turned LEFT across your path of travel. Is that correct?

 

DCG

Customer: replied 8 months ago.

Yes sir .....exactly wen he decided ti turn right If I wouldnt swerb right I would of hit him right on the doors but since I swerb right I hit him head on!!

Expert:  David C. Garner replied 8 months ago.

Ok,

 

Based on the facts you offer, it would seem that it would he his fault for failing to yield the right of way. Is there something else at play here that caused them to determine that it was your fault?

 

What is the status of the case now?

 

DCG

Customer: replied 8 months ago.

I just had to go to court and I plead not guilty for reckless driving and financial services wich is that I didnt show proof of insurance sinse the officer wouldnt let me get close to the truck...but in the police report there putting me at fault

Expert:  David C. Garner replied 8 months ago.

Hello,

 

Given these facts, I don't think you were at fault. That said, it is not up to me. If you are convinced you are not guilty, and especially if the other party was injured, I would suggest consulting with a local attorney who can represent you in court.

 

That is about the best advice I can offer.

 

DCG

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