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I pulled out of a drive way onto the road when a truck ran…

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I pulled out of a...
I pulled out of a drive way onto the road when a truck ran the red light and hit me in South Carolina. All traffic was at a stop due to the red light being on red. I was ticketed for failure to yield the right of way and the officer did not listen to what I had to say. What do I need to do to fight this in court?
Submitted: 11 months ago.Category: Traffic Law
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9/11/2017
Traffic Lawyer: TJ, Esq., Attorney replied 11 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12,805
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

In order to successfully fight the ticket, you need to present enough evidence to convince a judge that the truck ran the red light, and that you would not have pulled out if the light were not red. In other words, convince the judge that the truck driver, and not you, was negligent. If you can prove that the light was red, then you should win since you would have been reasonable to assume that traffic was clear.

As for how to obtain evidence, that is the hard part. If there were witnesses, then that would be helpful. Or a traffic camera at the intersection (you can subpoena the footage from the city). If you have no witnesses or other evidence, then you will have to rely upon your own testimony. Obviously, it will be much more difficult to win if the only evidence is your testimony, though you may still have a chance if the officer didn't see the accident, and the other driver doesn't appear in court.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Traffic Lawyer: TJ, Esq., Attorney replied 11 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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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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