Traffic violation/accident dispute.

Asked almost 2 years ago - Yankton, SD

I was in an accident and issued a stop sign violation. I believe the other individual involved was speeding thus causing the accident. Is this worth contesting?

Additional information

I was stopped at a stop sign about to turn left (east) on a two lane street. I looked left and saw him heading towards me (west) but he was far off. I waited a second for a car to go by heading east to turn onto the street. When I pulled out to turn east the car headed west was up to the intersection much sooner than I anticipated because I believe he was speeding. He had to dodge me resulting in him wrecking his car. I was issued a stop sign violation. Is this worth contesting?

Attorney answers (6)

  1. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . Possibly; need more facts.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    3

    Lawyers agree

    Answered . As for the traffic ticket, if you violated a traffic regulation regarding stopping at a stop sign, it is not likely that you will be excused because of the contributory act of the other driver. However, in one form or another, most such traffic regulation require the driver to stop and remain stopped "until it is safe to proceed". Depending on the factual details of the accident, it is arguably possible that you obeyed the regulation but that the accident was 100% the fault of the other driver speeding. Consult an attorney that handles traffic court to weigh the chances of successfully beating the ticket . In the context of any claim for property damage or personal injury due to the accident, the other driver can be held at fault for contibuting to the happening of the accident by his/her speeding, and therefore share liabilty - even conceivably more than you depending on what the evidence shows. Consult a personal injury attorney.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Spend a couple hundred bucks for a local traffic court lawyer to fight the ticket, and your chances of a successful resolution increase exponentially.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Kevin Coluccio

    Contributor Level 20

    2

    Lawyers agree

    Answered . Hard to say from your facts and not knowing what witnesses would say. It is likely worth contacting a traffic ticket attorney.

  5. David B Pittman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Hire a traffic ticket lawyer

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to assess the likelihood of success. Is there a witness to you running a stop sign? Since the police officer was not there, the officer is probably not in a position to testify about whether or not you stopped at a stop sign. The speed of the other vehicle will probably not mean anything in terms of assessing whether or not you stopped or did not stop.

    Consider the increased costs of your insurance should you be found guilty of the violation and compare that cost to the cost of hiring a defense attorney to represent you at the hearing. It may be cost effective to hire the attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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