I have a citation for "not allowing right of way while entering traffic." An accident occured- is the citation worth fighting?

Asked about 4 years ago - Redondo Beach, CA

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I was turning out of a parking lot- there was not enough room to straighten out my car so I was angled, and a very very small portion of my car was overhanging into the lane to my left. As I was stopped and waiting for the red light to turn green, a tow truck pulled up in the lane to my left, behind my overhang. Shortly after another car pulled up behind the tow truck. We waited- the light turned green and I didn't move while the tow truck moved forward. The back end of the tow truck (wider than the front) hooked onto my front bumper and dragged it off. Tow truck driver said I drove into him, the witness said I was stopped but overhanging. Should I fight the citation to try and help liability?

Additional information

Also, I recently received the actual police report and I feel that my portion of the statement is missing items as well as some incorrect statements. How does one handle this? I have requested copies of the interviews my insurance company conducted with the tow truck driver and the witness to match up their statements as well- because it sounded like there may have been some differences in what the witness stated in the insurance interview versus the police report. Also the police had checked off that I was entering traffic at the time of the incident when he should have checked off "stopped." So my main question is basically, what is the best thing I can do at this point? I also felt as though there was a bit of discrimination involved in the case regarding age and/or race, but have no proof other than at the scene I was mistreated verbally in comparison to the other driver and the witness and that my statement was not the same as what I had actually stated.

Attorney answers (1)

  1. Licensed in CA

    Pro

    Chatsworth Car / Auto Accident Lawyer
    Contributor Level 15

    Answered March 21, 2009 13:08. It sounds to me like this was the tow truck drivers fault. If a portion of your car was in a lane stopped. You owned the lane. He had a duty to stop until you got out of the way.

    Some of your problem may be that you are verbose and people might not understand what you are trying to say.

    I would fight the citation, and any liability on this one. It sound to me like the tow truck was in a rush and thought he could get past you.

    Good luck,

    Norm

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