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Recently I was involved in an accident on a US highway in…

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Recently I was involved...

Recently I was involved in an accident on a US highway in Montana. While driving, I was briefly distracted by something off the side of the road. When I looked back there was a line of cars stopped on the highway behind a school bus, presumably to drop kids off but I don’t recall seeing any flashing lights or kids getting off. I attempted to slow down from the 70MPH to avoid hitting the trail car in front of me, evening veering into the ditch, nonetheless, I hit the osssenger side rear of the car causing it to spin and hit the bumper and tailgate of the truck in front of it. One passenger was taken to the hospital for suspected broken ribs and a 5 yr old in the same car, though not showing any signs of injury, was taken to check him out more thuroughly due to his age and size. I wax cited with careless driving with a fine of $85. My concern is with those that may have been injured if it plead guilty or no contest what avenue does that open for them to come after me legally? I am uncertain if I should contest the citation and if i have grounds to contest it?

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Montana

Lawyer's Assistant: Do you need to appear in court?

Only if I choose to contest the charge

Submitted: 25 days ago.Category: Legal
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Answered in 1 hour by:
5/30/2018
Lawyer: Nisha Jones,
 replied 25 days ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,185
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 25 days ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Lawyer: Nisha Jones,
 replied 25 days ago

Unfortunately yes, pleading guilty to the criminal charge can be used against you as evidence of the facts that caused the injuries, if the injured parties were to file a civil lawsuit.

If you contest the ticket, but are still found guilt, the conviction of the careless driving can be used against you in a civil case.

If you contest the ticket and it ends up dismissed, the injured parties can still file a civil lawsuit as well.

The burden of proof is much lower in a civil case, so sometimes parties that were not convicted in a criminal case, can still have a judgment enforced against them in a civil case.

Since there are potential civil ramifications for you concerning the reckless driving case, you should strongly consider hiring a defense lawyer to represent you in this matter, to try to reach the best outcome possible for you in that case.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Lawyer: Nisha Jones,
 replied 24 days ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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