Tuesday, September 13, 2011

How is this crash my fault?

I def had a Monday! I was approaching a red light approx 600' the light turned green traffic was starting to move so i only decreased my speed to 35mph (speed limit is 45). Approx 300' from the light is the exit from a shopping center as I approached the exit a van pulled right in front of me, unable to stop or change lanes I hit the van's driver side door. Thankfully no one was hurt, however it's my fault! A witness stopped said it was the driver of the van that pulled out their fault. I was not stopping, changing lanes or had my blinker on. The cop didn't want my statement, said looking at the damage it was my fault that the van had already committed to the turn, I should have stopped (like I hit on purpose!) Is this right??? FYI- I live in FL.How is this crash my fault?
If you were 300 feet from the van turning in front of you and still hit him then that would be considered your fault. Failure to reduce speed to avoid an accident in any state is an at fault circumstance. Could be called something else in your state but that is what its called most places I have been. My guess would be that the officer did not see any skid marks from your car trying to slow down or stop so that led him to believe you were at fault. I am sure the van driver made it seem like your fault too. If you have a witness to state the van waited to pull out when you were less than 100 feet away you might have a chance to fight the officers decision.How is this crash my fault?
no this is not right!! either way the cop HAS to take your statement!
Anyone pulling out of a private drive, like a shopping center, into a road is automatically at fault. They will have an impossible time proving you hit him intentionally. This is a stupid situation. It is unlikely that you will run into a stupid judge on top of the stupid cop.
Fight it! The cop probably won't show because he would feel too stupid to face a judge! It would get thrown out, no points to you and no insurance hike!
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