My question involves an 'accident injury' that occurred in the state of: Washington
Wonder if anyone can share procedural advice for a ticket:
I was merging onto I-5 during rush hour, paced my slot and was pulling in, but the guy in the right lane would not slow (or may have sped up),
so our bumpers clacked as I moved into the lane. He began aggressively tailgating and flashing his lights. I determined that there was little
physical damage and it was not worth getting into a possible road rage encounter at the height of evening rush hour, in the dark, cold and rain.
Of course, he called in my license plate, and I received a ticket for failure to yield the right of way. I have a few other 'speeding' tickets
related to my daily 90 mile commute, 10 over, 15 over, freeway kind of thing, otherwise a clean traffic record with definitely no accidents.
My insurer suggests that I pay the ticket so they can settle the insurance claim. The other party claims their wife was a passenger, and the
'accident' has 'severely aggravated a pre-existing lower back condition'. There is only a small dent in my rear quarter panel at the bumper.
My contention is that all drivers must drive for conditions and remain alert and avoid following too closely. In other words, let others merge.
In Canada, for example, just to the north, drivers pace themselves like shuffling cards, but in Seattle, it's everyone jamming to get in first.
With a I-5 lane merge, if your pocket closes, you're pushed onto a shoulder covered with debris, along a concrete retaining wall, going 60!
So I believe there is shared fault in this case, and the outcome of a decision should be 'no fault', ... just let the insurance companies settle.
If I challenge, how do I get discovery and subpeona the ticketing officer? Since the officer didn't observe the 'accident', is it worth chasing?
If I appear in court, in this situation, should I explain to the court my view then ask for deferral? Should I plead 'nolo' as my insurer wants?
My concern if I plead 'nolo' is that will give the complainant cause to sue me in civil court, once the insurance payout exceeds my coverage.
Thanks for any consideration.
Wonder if anyone can share procedural advice for a ticket:
I was merging onto I-5 during rush hour, paced my slot and was pulling in, but the guy in the right lane would not slow (or may have sped up),
so our bumpers clacked as I moved into the lane. He began aggressively tailgating and flashing his lights. I determined that there was little
physical damage and it was not worth getting into a possible road rage encounter at the height of evening rush hour, in the dark, cold and rain.
Of course, he called in my license plate, and I received a ticket for failure to yield the right of way. I have a few other 'speeding' tickets
related to my daily 90 mile commute, 10 over, 15 over, freeway kind of thing, otherwise a clean traffic record with definitely no accidents.
My insurer suggests that I pay the ticket so they can settle the insurance claim. The other party claims their wife was a passenger, and the
'accident' has 'severely aggravated a pre-existing lower back condition'. There is only a small dent in my rear quarter panel at the bumper.
My contention is that all drivers must drive for conditions and remain alert and avoid following too closely. In other words, let others merge.
In Canada, for example, just to the north, drivers pace themselves like shuffling cards, but in Seattle, it's everyone jamming to get in first.
With a I-5 lane merge, if your pocket closes, you're pushed onto a shoulder covered with debris, along a concrete retaining wall, going 60!
So I believe there is shared fault in this case, and the outcome of a decision should be 'no fault', ... just let the insurance companies settle.
If I challenge, how do I get discovery and subpeona the ticketing officer? Since the officer didn't observe the 'accident', is it worth chasing?
If I appear in court, in this situation, should I explain to the court my view then ask for deferral? Should I plead 'nolo' as my insurer wants?
My concern if I plead 'nolo' is that will give the complainant cause to sue me in civil court, once the insurance payout exceeds my coverage.
Thanks for any consideration.
Traffic Accidents: Failure to Yield the Right of Way
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