samedi 20 octobre 2018

Determination of Fault

My question involves a traffic ticket from the state of: Texas. Wife was involved in an accident on a 3 lane road with a center 2 way left turn lane which turns into a 1 way left turn lane at a signaled intersection. She was traveling westbound on the road and entered the center lane to make a left at the upcoming intersection. The other driver was exiting a parking lot turning left to travel eastbound on the same road. The other driver quickly accelerated in between two cars that were in the westbound lane and hit my wife's car in the passenger side while she was driving in the center lane. He must have really hit the gas because both passenger doors are smashed to the point that neither will open. My wifes car is a Benz c300 and his a BMW 330c so they are similar size. The police officer gave the other driver a ticket for failure to yield right away. But also gave my wife a ticket for driving in the center lane. The other driver told the cop he thought it was her fault for driving in the center lane. When the cop gave her the ticket he said she should've waited until she got closer to the light to enter the center lane. However where the point of impact occured the center lane was no longer a 2 way left turn lane. The yellow line on 1 side of the center lane stops and there is a gap between that line and a white line which designates the turning lane at the intersection. I don't believe my wife explained to the cop correctly as she was referring to the lane as only the center lane and not 1 way left turning lane. Nor did the cop due his due dillegence and actually see where the 2 way left turn stopped and 1 way left turn begin. The cars were 2 parking lots down from where the accident actually occurred since they were blocking traffic. The turn lane does start quite a distance from the intersection as the street for the left turn goes to into the airport passing by the airline's cargo warehouses so traffic can back up. There was traffic when the officer was there so I am assuming he didn't wait for cars to move to verify the lines on the center lane. Unfortunately my wife only got 1 picture when it occurred of his plates. You can see in the picture that his car is past where the yellow line stops though. Also using google maps you can clearly see that the parking lot he turned out of (the back of a sonic with a shopping strip to the right) is past where the yellow line stops and at the beginning of the white line. Plus on the opposite side of the road even with that yellow line stop there is a sign which indicates the beginning of 2 way left turn. Not really worried about the ticket as I'm pretty sure a traffic attorney can get it dismissed. But I am worried about his insurance company attempting to split responsibility since my wife was issued a citation. Any thoughts or advise would be appreciated. Really want to file a compliant on the officer for his lack of a thorough investigation but i know that's probably not a good idea.

Others driver car where accident occurred
https://photos.app.goo.gl/fiwNTAoUS9tcrFev6

Aerial view of google map with approx location circled but you can tell from this pic that it would be impossible for my wife to be in the 2 way left turn based on the location of the parking lot he exited
https://photos.app.goo.gl/bP8TZvb1ADZpN1do6

Google map link with location, he pulled out from the sonic parking lot
https://maps.google.com/?q=7850+Humb...f17a2d189b26e0


Determination of Fault

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