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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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WE FEEL WE WERE DISCRIMINATED against because of our age in

Customer Question

wE FEEL WE WERE DISCRIMINATED against because of our age in an auto accident. After looking both ways with one car down the road about 2/10 mile in the north bound lane and traffic delayed in south bound lane by a red light, we pulled out from a driveway into the road from the east side. About 2/3 across the lane my car was struck by the rear left wheel and panel. The force of the impact spun my car around nearly 180 degrees and left deep skid marks to show where I traveled. The other driver pulled out from a road on the west side that was about half way between the other car and my car. The young man said he never saw us and never applied his brakes. We didn't see his car because the lane was open and my wife and I were focused ahead of us and couldn't think where the other vehicle came from. Because of the driveway right there, if he was looking down the road, there was room to go around us, as the north bound traffic did after the accident. In spite of his speed and lack of attention to the road, I were found to be at fault because he was in the lane and had the right of way.
No mention was made of his speed or lack of attention to what was ahead of him. I think he shot out of the side street to be ahead of the oncoming car which I had seen and was much closer to him, than it had been to us. My wif took pictures of the skid marks all over the road and we wrote up how we saw the situation to add to the report the officer had filed. Only pictures taken by the officer can be added to the file, and he didn't take any. He did not give us a citation, and I thought at that time that was a good thing. Later I realized there was no chance of our story being heard without a citation. Is there anything we can do at this point in time?
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am truly sorry for this dilemma.
But can you tell me what you mean by
"I were found to be at fault because he was in the lane and had the right of way."
What does that mean? Who found you at fault? Local police? The insurance company? The court?