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Yesterday I was the first car at an intersection with a

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Yesterday I was the...

Yesterday I was the first car at an intersection with a green arrow for left turns.I HAD MY LEFT BLINKER ON AND Waited until the light turned green and when I started to go slowly I turned my right blinker on to be able to turn into a business that was less then 200 feet from the INTERSECTION.i LOOKED TO MY RIGHT AND PUT ON MY RIGHT TURN SIGNAL NO CARS WERE THERE BUT OUT OF NOWHERE THE CAR THEAT WAS BEHIND ME AT THE LIGHT SPED UP AND WANTED TO PASS ME AND WENT INTO THE RIGHT LANE...MY FRONT PASSENGER TIRE WAS ON THE DIVIDING LINE AND WE HAD AN ACCIDENT.WHEN I PULLED OVER TO THE COMPLEX WHERE THE BUISNESS WAS HE GOT OUT OF HIS CAR WHEN WE PULLED OVER AND I ASKED IF HE WAS OK AND HE STARTED LAUGHING AT ME IN A THREATENING WAY AND SAID YOU KNOW THAT WAS YOUR FAULT RIGHT....HE CONTINUED TO BECOME AGGRESSIVE AND TELLING ME TO CALL THE COPS AND I WILL SEE.....THE ENTIRE TIME HE WAS ON THE PHONE WITH AN EAR BUD IN HIS EAR SPEAKING TO SOMEONE ON HIS PHONE AND CONTINUING TO WALK BACK AND FORTH IN FRONT OF ME LAUGHING THE WHOLE TIME looked to my right and no cars were approaching but when I was about to take my turn into the right lane a car that was behinf=d me at the stop light sped past me and we had an accident.MY FRONT TIRE WAS ON THE DIVIDING LINE AND HE WAS SPEEDING PASS ME AND OUR FRONT ENDS COLLIDED.IT

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

GEORGIA.THE OTHER DRIVER KEPT TELLING ME TO CALL THE COPS BECAUSE HE WOULD NOT GET OFF HIS PHONE.THAT HE WAS USING AT THE TIME OF THE ACCIDENT SO i CALLED MY HUSBAND FIRST TO TELL HIM WHAT HAPPENED BECAUSE I WAS SCARED,THEN 911 AND TOLD THEM THAT THE OTHER DRIVER WAS ACTING IN A THREATENING WAY AND THEY TOLD ME TO AVOID HIM AND STAY AT MY CAR WHICH I DID,I THEN CALLED MY INSURANCE AGENT AND WAS EXPLAINING THE SITUATION TO HER AND SHE COULD HEAR THE OTHER DRIVER AND ALSO TOLD ME NOT TO CONFRONT THE OTHER DRIVER AND THEN STAYED AT THE BACK OF MY CAR. HE APPROACHED AGAIN AND LAUGHED AND SAID YOU KNOW IT WAS YOUR FAULT AND THAT'S WHEN WHEN I SAID I WAS NOT A LIAR AND HE TOLD ME TO GET OUT OF HIS FACE.i WAS AT THE BACK OF MY CAR HE CAME OVER TO ME SO I SAID I'm NOT IN YOUR FACE SIR AND STAYED WITH MY CAR. UNTIL MY HUSBAND ARRIVED FIRST AND THEN THE DEKALB COUNTY POLICE OFFICER.WHEN THE POLICE OFFICER ARRIVED HE ASKED THE MALE DRIVER WHAT HAPPNENED AND THE DRIVER SAID "OH ASK HER FIRST SHE HAS A LOT TO SAY" THE OFFICER SAID I'm ASKING YOU WHAT HAPPENED AND ONCE AGAIN THE DRIVER SAID "OH NO LADIES FIRST. hE APPROACHED THE OFFICER VERY CLOSELY AND THE OFFICER SAID :PLEASE SIR BACK UP SOME AND TELL ME WHAT HAPPENED.hE SAID I TURNED LEFT AND PUT ON MY ROGHT SIGNAL tHEN THE OFFICER TOOK MY STATEMENT AND SAID THAT WE WERE BOTH AT FAULT BUT HE WOULD SAY THAT I WAS AT 60% FAULT AND THE OTHER DRIVER WAS AT 40% SO HE Gave me a ticket for improper lane change.my tire wasn't even in the other lane at the time of the collision.The other driver took his id and case number ***** drove off and I had to get a wrecker to tow my car because it broke the tir rod on the passenger wheel and could not be driven.what should I do

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

THYE GAVE ME A CITATION AND SAID I COULD GET A POLICE REPORT ON LINE AND IF I DIDN'T PAY THE FINE AND PLEAD NOT GUILTY I WOULD HAVE TO APPEAR IN COURT ON DECEMBER 21 AND THEN THE OTHER DRIVER WOULD HAVE TO APPEAR AND SO WOULD THE OFFICER.tHE OFFICER SAID THAT IT'S JUST HIS OPINION BASED ON HIS EXPERIENCE THAT I WE WERE BOTH WRONG BUT SAID HE THOUGHT I WAS 60% WRONG AND THE OTHER DRIVER WAS 40 % WRONG SO THAT'S WHY HE GAVE ME THE CITATION

Submitted: 5 months ago.Category: Traffic Law
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Answered in 9 minutes by:
11/19/2017
Traffic Lawyer: Gerald, Esq, Lawyer replied 5 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 5,103
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Traffic Lawyer: Gerald, Esq, Lawyer replied 5 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry that you had this experience and that the other driver was such a disrespectful and unkind person.

1) You can fight this ticket. Based on your description it sounds like the other driver was the cause of the accident.

Georgia law prohibits passing on the right except in certain limited circumstances. When the other driver sped up and passed on your right side he violated the Georgia law. See:

https://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-3/40-6-43

You can plead not guilty, and go to court to fight the ticket. If the Police officer testifies ask him if he has training in accident reconstruction. Ask him to present his certification for the accident reconstruction if he says yes. (Do this only when he is on the witness stand.) After he answers tell the Court you object to his testimony because it is "hearsay and he is not an expert in accident reconstruction."

Then ask the officer if he is familiar with Section 40-6-43. Then hand the court a copy of the law linked above. Then ask the officer isn't it true that a person who passes on the right in an unsafe manner violates the law.

2) Talk to your insurance company about the claims. See if they will cover your damage while you defend against the ticket. They will pay for the other driver's damage if it comes to that.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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