Jump to content
Sign in to follow this  
ma730534

Found guilty in questionable accident

Recommended Posts

:(

 

Was involved in acccident while turning right on red (allowed in State of GA) other vehicle was 1/2 block to my left. My turn took 5 seconds? Once on a straight away and starting to accelerate, vehicle (10 seconds before was 1/2 block down the road) came past the left of my car and sheared off the front fender of my car Chrysler 2002 300M. Vehicle (Honda Accord 2009) stopped in front of me, partially on grassy part of sidewalk in front of fire hydrant. Driver got out with cell phone still in use. Totall well. 

I never touched her car - driver of Honda did damage to mine and also her car (extensively).But I was at fault ending up behind her.

 

She gave false testimony to police. Per accident report I hit her in the intersection and then again in the rear of her car - Later I  was able to see full view of rear of her vehicle, no damage at all. 

After walking around talking on cell phone, not with law, I called 911, someone suggested she take a seat in her car (no air bag in action) and after police arrived she was gingerly lifted into an ambulance.

I was given small paper with informationr regarding other party. No ticket. Requested one as I intended to go to court, proving my innocence. Deputy delivered ticket to my residence - "Failure to heed right of way".

 

I requested bench trial (saves money for taxpayers) I felt I was right. Judge informed me that I was guilty per Georgia Law Title 40, Chapter 6, Article 6. (Nowhere could I find any information regarding turn on red light with vehicle coming 1/2 a block away.) Not only did I have to pay $500 deductible per my agreement with my insurance co. but I received only one sheet of paper from the insurance co. informing me of the cost that the "victim" had accumulated, over $7,000 in medical expenses. I was not permitted to find out the cost of damages to her car nor any pictures of the damage. Failed to mention I was fined $50 which was waived (thanked the Judge for a late Mother's Day present).

 

I have nothing against the Judge as I assumed he knew the law - but I cannot find anything in writing that tells me so. Can someone suggest where I might look for the right answer? Don't mind taking the blame if I am at fault but to have to put up with someone lying to a police officer just does not sit well with me.

If someone can give me advice? I would be very grateful!  AEW :)

Share this post


Link to post
Share on other sites

You are free to Google Title 40, Chapter 6, Article 6 and to puruse the regulations thereunder. Purely speculation, but I would imaging the judge was referencing Section 40-6-122 "No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety."

 

Many jurisdictions allow a right turn on red; however, that allowance is usually predicatedon the lane being clear and open enough to allow for the maneuver to be completed safely. Again, purely speculation here, but the judge probably treated the matter as if you pulled out into the lane without enough distance between you and oncoming traffic that would allow you to accelerate to the speed of traffic. Although you say the other car was 1/2 way down the block, perhaps that wasn't enough distance to allow you to complete your turn and reach the speed of traffic. It does sound like you may have essentially cut the other driver off and caused her to swerve around your vehicle (although not successfully). Had you been able to prove she was speeding or on the telephone and not paying attention, it's possible you could have shifted some of the blame. Just something to think about.

Share this post


Link to post
Share on other sites

"Driver got out with cell phone still in use."

Not sure how you'd know it, since you don't mention that you saw person on their phone beforehand.  Moving on ...

 

Naturally, you'd have found a way to introduce the topic of damage to her car (whether through your own photos or that of police).

 

"I was given small paper with informationr regarding other party. No ticket. Requested one as I intended to go to court, proving my innocence."

Sorry, but I'm unclear why you'd ASK for a ticket to "prove" innocence, when it's possible you wouldn't have received the ticket otherwise.  :)  You also haven't said how this ended up in court (I'm replying as I read).  I presume you didn't do a good job of laying out story in logical order and that you'll get to the part about court.

I also can't fathom that GA law would allow you to seek a jury trial for a moving traffic violation.

Either you were found guilty of the traffic citation in question or you weren't.  If you were cited for X statute violation and the judge found you guilty of a DIFFERENT statute, then you're free to appeal that (and likely free to appeal regardless).

"Don't mind taking the blame if I am at fault but to have to put up with someone lying to a police officer just does not sit well with me."

You haven't indicated the lie was material to the citation.

Share this post


Link to post
Share on other sites

My sincere thank you to those that took the time to read my statement and replied. I fully understand that it is not possible to totally judge an occurence from what I wrote. However, what I am mostly looking for is an extention of the description of Titel 40, Chapter 6, Article t. I shall follow the advice of Poster #1 and try to get more information. The Judge advised me that it would have been wise for me to get an attorney for this case. He/she would have advised me on the legality of a right turn. One learns by mistakes - but having felt that I was in the right (and the car WAS a long way from me) I felt I did not need an attorney nor a jury (yes, they would have permitted me to ask for a jury trial in this case in GA).

I thank everyone - it :) feels good to know that folks are still interested in other people's problems. At the age of 83 (yes I drive and well at that) time, for me, is of the essence - have a wonderful week. 

Share this post


Link to post
Share on other sites

Was involved in acccident while turning right on red (allowed in State of GA) other vehicle was 1/2 block to my left.

 

Please understand that a "block" is not a unit of measurement with a precise definition.

 

 

 

My turn took 5 seconds?

 

I'll assume you used a question mark here by mistake and that you intended to make this a declarative statement.

 

 

 

Once on a straight away and starting to accelerate, vehicle (10 seconds before was 1/2 block down the road) came past the left of my car and sheared off the front fender of my car

 

You said your turn took 5 second, which means you waited 5 seconds between the time you ascertained the other car's position and the time you started your turn.  Why would you wait like that?

 

Also, while you didn't say how fast the other car was going (and I understand you may not know), let's assume for the moment that it was going 40mph, which is 58.67 feet per second.  That means that, in the 5 seconds you waited, the car travelled 293.33 feet and, in the 10 seconds between the time you ascertained the other car's position and the time you completed your turn, the other car travelled 586.67 feet.  I don't know if that's a "1/2 block" by your reckoning, but it's over a tenth of a mile.  I point this out because knowing only the time elapsed doesn't allow us to calculate the distance travelled or the speed, both of which are important as you'll see below.

 

 

 

Nowhere could I find any information regarding turn on red light with vehicle coming 1/2 a block away.

 

Traffic laws don't and cannot reasonably cover every conceivable situation with specificity.

 

 

 

I have nothing against the Judge as I assumed he knew the law - but I cannot find anything in writing that tells me so. Can someone suggest where I might look for the right answer?

 

The right answer to what?  There are several sections in Article 6 of Chapter 6 of Title 40 of the Code of Georgia, but I'm guessing the one you were found guilty of violating was Section 40-6-123(a), which states as follows:  "No person shall turn a vehicle at an intersection . . . unless and until such movement can be made with reasonable safety."  If you made a right turn on red in front of a car that was unable to stop in time or otherwise unable to avoid you, then you obviously violated this law.

 

 

 

If someone can give me advice?

 

Not much we can tell you without more information.  As far as your liability for the other driver's damages, this basically comes down to whether, at the time you pulled into traffic, the other driver reasonably could have avoided the impact.  Since you apparently were convicted of violating Section 40-6-123(a), you're going to have an almost impossible time convincing your insurer or a civil jury or judge that you shouldn't be liable.

Share this post


Link to post
Share on other sites

what I am mostly looking for is an extention of the description of Titel 40, Chapter 6, Article t. I shall follow the advice of Poster #1 and try to get more information.

 

Here's a link where you can read all of the Georgia statutes:  http://www.lexisnexis.com/hottopics/gacode/.  Your ticket should cite a specific section, not just title, chapter, and article.

Share this post


Link to post
Share on other sites

Thanks to one and all that took the time to write. It is difficult to describe the times, distances, etc. etc., I was the one that was involved and was stuck with a lie by the other participant giving totally incorrect information. I appreciate all the efforts on everyone's part.

Think I shall stop making right turns on red lights!! Seriously-my deepest gratitude!!

Share this post


Link to post
Share on other sites

You make much of the other driver's "lie" but, to tell you the truth, it wouldn't have mattered if the other driver kept her mouth shut and all you said was that you made a right on the red and she hit you.

 

The mere fact that you got hit when you made the right turn is all the evidence that the court needed to find you guilty of the violation and all the evidence that your insurance company needed to find you at fault for the accident and pay the other driver.

Share this post


Link to post
Share on other sites

I can conceive in GA of a block being at best 500 feet long.  You're free to check.

As described it appears she switched lanes in an attempt to avoid hitting you.  Because drivers of all ages often have a terrible time figuring out how fast or slow a car is moving (you see the dolts all the time passing you and evidently thinking the car in other lane is moving faster only to find out they've boxed themselves in behind the slower car and should've stayed where they were) ... I wouldn't spend a ton more time figuring out that somehow you received the short end of the legal stick here.

I'd certainly argue with my insurer about paying for rear end damage when there was no rear end damage, but other than that ... not sure what the beef is.

Guess I find it relatively strange that GA law would allow jury trials for minor moving traffic violations (many states have put a limit on jury trials even when it comes to certain criminal charges, depending on whether the charge involves X days or less potential incarceration, etc.).  Depends on how clogged one's court system is, I suppose.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...