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Irwin Law
Irwin Law, Attorney
Category: Personal Injury Law
Satisfied Customers: 7404
Experience:  Partnered in a personal injury law firm for approximately 30 years.
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I was involved in a car accident and charged with a moving

Customer Question

I was involved in a car accident and charged with a moving violation causing death, my question would be is if the collision happened before the stop sign and we ended up in the middle of the intersection should I still be charged with a moving violation and also should I be issued a citation on the scene for failure to yield.
FYI the police report says that I admitted to not seeing the stop sign but I actually said I did not visibly see the warning sign before the stop sign as I noticed a car coming around the corner and a stop sign as I slammed on my brakes at a speed of atleast 40mph in a 55mph it was storming out if that matters, also The other driver was in my lane as he maid his left hand turn on a four way stop, his injury's included a few broken rib but due to his age of 80 years old and declining health the M.E concluded due to blunt force and his preexisting conditions as he declined over a 6 day period in the hospital he decided to do a DNR where he was later found in his room unresponsive and his time of death was called.
Submitted: 8 months ago.
Category: Personal Injury Law
Customer: replied 8 months ago.
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Customer: replied 8 months ago.
I would like to know if this would even be a triable case, I know with all the diffrent variables it can be tough so may be easier to contact me via phone due to the complexity of the accident!
Expert:  Irwin Law replied 8 months ago.

Yes, it is a very complex fact situation. It depends on what the state intends to do, i.e. are they going to file criminal charges, or let the matter become a civil "wrongful death" case to be settled by the insurance companies.? I will off a phone consultation.

Customer: replied 8 months ago.
They did charge me with moving violation causing death, my pretrial is next week although I did plea not guilty, my main concern is this a triable case as the police report only states that I told them I ran a stop sign which I stated I didn't see the warning sign in which I think they since trimmed trees around it after the accident due to poor visibility and doesn't state the deceadant's negligent contributing factor of being in my lane at the time of the incident, how do I show that, I am also the only witness that has any reliable information for the case, not only that I feel his extensive preexisting heart and vascular issues had more of an impact on his death then the said blunt force trama claimed to be cause of death by the M.E. as he only suffered fractured ribs and lived 6 days he was not a healthy 80 yr old man. Is there case law that may help me fight this case? The diagram in the report is also not correct but it does reflect that they project the impact occurred just after the stop sign but before the intersection and that he clearly was in my lane but marginally not actually showing how far, where the collision could have potentially been avoided had he not crossed onto my lane which I feel contributed to a more severe impact, looking back I project that I would have possibly struck his rear end at truck bed if not collided at all.
Expert:  Irwin Law replied 8 months ago.

Those facts are all possible defenses which a skilled trial lawyer might use to win the case for you. Also, and more importantly, a skilled trial lawyer might convince the prosecutor to drop that charge. You won't, because the prosecutor knows s/he can run over you in a trial. This is a word to the wise.

Customer: replied 8 months ago.
That's my question, since we were both equally at fault I feel should I hope trial with a court appointed attorney, should I chance taking a year in jail and $2000 fine or should I accept a plea, I never studied law and I don't know the chances of getting this dropped, I don't wanna lose my license either but at those point I guess I really don't ever wanna drive again but my business I own requires me to be mobile or I'll lose all my income, I would guess your input is gonna be what I thought from the beginning just depends on what plea I am offered if any, I just have no idea at all what the chances are with my info that the case could be dropped, and am I able to be sued civilly still on top of state penalty?
Expert:  Irwin Law replied 8 months ago.

The state will have a tough time proving that the accident caused that fellow's death, as opposed to his health and what might be proved to be a minor physical impact. I think your chances of winning are pretty good, using a lawyer and an accident reconstruction expert. If you have you been offered a public defender you should listen to him/her,.

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