How to appeal this citation - events clarified

[Aikouka]

I thought there was always a level of fault given to the party that strikes another vehicle in either the rear or the side. The reason being that the car was obviously in front of them and they failed to react. Now, this would certainly not get him out of a ticket, as he still technically crossed the intersection when it wasn't clear, but the other driver could possibly get a ticket along the lines of "failure to control the vehicle" or somethin like that.

Of course, my musings may simply be state laws from when I used to live in PA/NY.

 

[Schfifty Five]

I thought there was always a level of fault given to the party that strikes another vehicle in either the rear or the side. The reason being that the car was obviously in front of them and they failed to react. Now, this would certainly not get him out of a ticket, as he still technically crossed the intersection when it wasn't clear, but the other driver could possibly get a ticket along the lines of "failure to control the vehicle" or somethin like that.

Of course, my musings may simply be state laws from when I used to live in PA/NY.

Well, if you are driving on a street going 40mph in the right lane, and all of a sudden a car pulls out from a shopping plaza and you T bone him...why would it be your fault? The person pulled out of the plaza before it was safe for him to do so. I believe from the diagram given, this is pretty much the case.

 

[Jeraden]

I remember reading a story a long time ago about a 14 year old girl that was looking to cross a street, a driver waved her on, and she ends up getting hit by a car in the lane next to the waving driver and killed. The family ended up suing the guy that waved her on and won. But now I can't find a link to the article, though its many years old.

I did find this however:
http://matveylaw.com/personal-injury-help/liability-for-waiving-a-person-on-while-driving/
So apparently, at least in some areas, a jury can find the dude waving you in as responsible.

 

[fenrir]

can you offer some helpful advice how to appeal my case so I won't have to bend over and shell out thousands to the city for a minor grille damage, etc?

If you are stating you have no insurance, bend over because you are really screwed. Your only hope would be getting the fault put on the driver who hit you. From what you described, that is not going to happen.

If you have insurance, let them handle it.

 

[Aikouka]

Well, if you are driving on a street going 40mph in the right lane, and all of a sudden a car pulls out from a shopping plaza and you T bone him...why would it be your fault? The person pulled out of the plaza before it was safe for him to do so. I believe from the diagram given, this is pretty much the case.

Fault isn't always one party or the other exclusively and I never said that it was only the other guy's fault. The idea is that it might be possible that given the location of impact that the other driver should've been able to stop.

I'm certainly not saying that I'm an expert on this, but it's what I've heard and may certainly be wrong or only apply to rear-end accidents.

 

[LTC8K6]

Diagram just emphasises that it was your fault, imo.

 

[Squisher]

I just love people that wave me on to do something illegal. NO, I'm going to sit here and wait for you to proceed no matter how much you think you're being a good citizen and that I'm being a dick. And, so we sit and wait, and wait.

 

[HumblePie]

Looking at the diagram, it is your fault. It doesn't matter that someone "waved" you through their lane. They are not a transit authority. Unless a cop was directing you in that traffic situation, you were totally at fault. When you are cutting across lanes of traffic that do not have a stop, then you are the one to yield the right of way and must wait until traffic is all clear.

 

[Schfifty Five]

Looking at the diagram, it is your fault. It doesn't matter that someone "waved" you through their lane. They are not a transit authority. Unless a cop was directing you in that traffic situation, you were totally at fault. When you are cutting across lanes of traffic that do not have a stop, then you are the one to yield the right of way and must wait until traffic is all clear.

I would also like to add that in some intersections, there are signs that say "DO NOT BLOCK INTERSECTION".

However, just because one lane of cars allows for an opening doesn't mean that it's automatically safe to proceed through. Any other lane afterward must be treated like a blindspot. Unless you can see all lanes stopped, you have to proceed extremely carefully to make sure each subsequent lane is open.

 

[ther00kie16]

Yes yes, let's all stop harping on the legal point.
It does me no good for 20 people on anandtech to iterate traffic laws.

 

[Schfifty Five]

I just love people that wave me on to do something illegal. NO, I'm going to sit here and wait for you to proceed no matter how much you think you're being a good citizen and that I'm being a dick. And, so we sit and wait, and wait.

I do this too. I'd rather waste a few more seconds and possibly be considered a dick than to risk getting into an accident that would be my fault.

 

[Schfifty Five]

Yes yes, let's all stop harping on the legal point.
It does me no good for 20 people on anandtech to iterate traffic laws.

Well, what were you asking for again? How to appeal the citation?

If it's your fault, the general consensus is that you won't be able to appeal it.

 

[911paramedic]

You should be cited for that diagram.