This morning I was leaving my daughters school and turning left on a 3 lane highway (center turn lane). The lane I was going into was backed up with traffic and there was a sheriff directing traffic into the school quite some way down. A driver in the lane I wanted to enter waved me in. I looked the turn lane was clear and I proceeded but then a Jeep speed around the curve in the turn lane and clipped my front bumper. It was raining and in a school zone but I can't prove he was speeding.
The guy that waved me in told the Sheriff the same story but I got a ticket for failure to yield when entering a highway. Looking up the laws I see one that says you can't drive down a turn lane more than 300 ft. I need to go measure but I think it was more than 300ft.
Do I have a real chance here?
Unfortunately, relying on the fact that someone (someone who you don't know) waved you to proceed is usually not a good defense, since you are responsible for your own actions and have to use reasonable caution in driving. (I liken this case to catching your child doing something wrong, and his excuse is "well, Tommy did it too." That doesn't fly with most parents, and that excuse of "the other driver told me to go" probably won't fly with a judge.)
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I call this the classic "waive on case".....what most people don't realize is that the person who waives you on ALSO faces liability for negligence.
However, spend a couple hundred bucks for a traffic court lawyer and fight the ticket. Turn the matter over to your insurance company to resolve.
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You never rely on someone who waves you through traffic. It's not a defense to your ticket, and it's not smart - that person may or may not have good judgment.
Even if the other driver violated a traffic law, your case sounds cut and dry. You CANNOT enter a roadway until it is safe. The fact you were hit indicates it was not safe. You did not have the right of way. Since there could be details you didn't share, you may need to talk to a lawyer with the details to be sure.
Since a finding of guilt means (usually) fines and points, you might want to call a lawyer to discuss pleas and dispositions that avoid or minimize fines and points.
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