Possibly; need more facts.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
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.
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.
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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.
Spend a couple hundred bucks for a local traffic court lawyer to fight the ticket, and your chances of a successful resolution increase exponentially.
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