Failure to Yield

[neema]

I have recently gotten into a car accident. The quick set of facts are the following:

I approached an intersection where I had the stop sign. I was driving at a moderate speed. After making a full stop and looking both ways to the best of my visibility (two buildings on either side of me obstructed full range of vision), I started to cross the intersection, headed straight. The road I was crossing was a two-way. I crossed the first lane but as I was in the second, a car in the first lane (coming from my left), a 17 year old kid speeding in his civic, smashed into the left side of my car all the way in the back.

After waiting 7 hours for the police to arrive at the scene, I was given a "Failure to Yield" ticket, though both my version of the story as well as the kids' confirmed that I was driving at a moderate speed, I did make a full stop and the kid was driving fast.

My question is this: on what basis can I overturn this fialure to yield? It seems to me, simple enough, that I did yield. But perhaps the law has a different way of making me responsible for this.

 

[lwpat]

Was the other party issued a speeding ticket and who was placed at fault on the accident report?

You first step is to notify your insurance company in writing that you were not a fault in the accident and object to any claims from the other party. Then contact the other person's insurance in writing and file a claim for your vehicle. Then let the insurance companies fight that part out.

Contact the clerk of court and find out the procedures for entering a not guilty plea. In most states the date on your ticket is just an arraignment and you can enter your plea by mail. If your state allows a jury trial then request one since you are more likely to lose in front of a judge. The officer cannot testify except for what he personaly observed and what you told him. Object if he tries to enter the accident report and object if he tries to testify as to what he was told by the other party except for any crosss examination that you may want to bring out. If discovery is allowed in your state then obtain a copy of the officer's notes.

Example
Officer, Mr XYZ admitted to you that he was speeding. Why did you not issue him a speeding ticket?

If there is an ADA he should object but you already have your question out there.

Unless you want to retain an attorney this will involve some research and you should also spend some time in court observing other cases. This is a tough fight but I have seen them won under similar circumstances. Good luck.

 

[neema]

The other driver wasn't issued a speeding ticket and I believe I was put at fault on the accident report.

A few questions... firstly, what exactly qualifies as "failure to yield". I've tried researching the law online, but my state (Lousiana) has few records online, as you can imagine.

Secondly, how do I go about finding out if Lousiana allows me to opt for a jury in my case?

Thanks for your help.