A citation does not decide the question of liability. Instead, once your carrier is notified of the situation, will conduct its own investigation into causation in order to make decisions as to payment of claims, if any.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
It could go against both. Your daughter had a duty to see what was there to be seen and to properly judge the speed of the oncoming vehicle before making the lane change. The other driver had the same duty and was responsible to stopping if possible. With regard to the ticket, it might make economic sense to hire a local attorney to handle it in traffic court. Many New York State Courts will reduce a ticket to a parking ticket. This would prevent the violation from getting on her record and the insurance savings down the line would likely more than pay the cost of the attorney.
Absent further investigation, your daughter will be determined to be liable.
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: firstname.lastname@example.org http://www.themargolisfirm.com
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