I just pulled up to a stop sign came to a complete stop looked both ways, the cars were far enough to cross it was a busy time of the day and there was 4 lanes of traffic, 2 heading right and 2 heading left. I have to cross 2 lanes heading left, so I can go right to go home. I'm almost accross then I hear beeping look behind me to the left I see the woman breaking then the woman hits me on my back bumper on my left side (driver side) the cop comes I tell him (my story) = I stopped thought I had enough time to cross I pulled out heard beeping and looked back my foot sliped off the gas slowing down my car and she hits me. (her story) = She stopped then pulled out in front of me I tried to stop and tried to dodge her but was unable to. Should I have gotten the ticket?
Car / Auto Accident Lawyer
It is hard to secondguess the cop at the scene. Turn the case to your insurance company right away. They will look at it and if there is any discrepancy they will deal with the other driver's insurance. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Accidentes de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on accident, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes y Lesiones personales, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
It's a little hard to follow but if you had a stop sign and the other driver didn't it may be difficult for someone to conclude it was the other driver's fault. Sometimes it can be the other driver's fault (they pull out suddenly from a parked position or are waiting to turn and change their mind and head a different direction) but still the burden on the person who had the stop sign is hard to overcome.
Criminal Defense Attorney
Yes. From your rendition of the facts, it is difficult to understand, but I think you are saying that you had a stop sign and they did not. That means they had the right of way and it is your duty to get out of the way.
You concern should be how to handle this case with the least amount of consequences. Failure to yield is a 3 point offense. Upon accumulation of 15 points in a 24 month period, your license is suspended (4 points in 12 months if you are under 18). Regardless, due to the accident, your insurance is likely to go up. However, you may be able to avoid a greater increase by handling the case a certain way and avoiding the points.
Hopefully this case involves only property damage. However, don't think that you won't get sued for personal injury just because nobody claimed they were hurt at the scene. It is suprising how many fender benders turn into full blown lawsuits for damages from claimed "soft-tissue" injuries. If you were simply to plead guilty to this ticket, you would be admitting your negligence for purposes of a civil lawsuilt against you. A lawyer can show you how to handle this ticket without setting yourself up for civil liability. If I can be of assistance, please call 678-334-1399