Any risks/how to fight fault in a traffic accident?
January 23, 2011 4:27 PM Subscribe
Any risks of fighting who is at fault in a traffic accident?
posted by idyllhands to law & government (26 answers total) 1 user marked this as a favorite
My wife was in a car accident with an off-duty police officer (I'll call him PO).
The responding officer (call him RO) wrote it as her fault, based on her testimony that both parties entered the intersection at the same time (she was on the left, thus the PO had right-of-way). I don't know what else she said in her account, but would like to get a copy of the police report.
The thing is: the PO was speeding (~40 in a 20), as she stated in her account to the RO. Wife was going ~10 mph. So, first off, the PO was breaking the law by speeding.
Also, her car was hit on the side, and PO's truck hit in the front.
Now, with some simple physics it is easy to see that there is no way that they entered the intersection at the same time, as he was speeding, and she had to cross a lane before she entered his lane (all while going ~10mph).
So, basically: he was speeding (which I feel should revoke his right of way, since he is breaking the law..otherwise if someone ran a stop sign, they would have right of way), her car was struck on the side, meaning that she was in the intersection first.
My questions are: can we fight it without a lawyer? What are the risks of trying to fight it? Any other advice on how to fight it/websites that might help?
We already have to pay "court fees" on the infraction issued, so I feel that we might as well use the court time and try to get the infraction revoked as well as save us some money on our insurance.