What to do if wrongly cited regarding a car accident?

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What to do if wrongly cited regarding a car accident?

My daughter was making a left turn at at light when she was hit by a car. The man who hit her car had his right blinker on and was on his cell phone with his head down and swerving; not paying attention. There is a witness who was also making a left behind her who saw all of it. The man who hit her claims he could not avoid hitting her yet there was another lane with no one coming that he could have moved to. She was hit on the passenger side. There is quite a bit of damage. The accident report states he was going 20 mph. The man claims he was going home from work yet he lives quite far from where the accident happened and this was at 7:50 pm on a Sunday night. Now, she is to be cited for an illegal left turn. Should this be happening?

Asked on October 8, 2010 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You or your daughter should consult with a lawyer with experience in traffic court and auto accidents. If you dispute the citatation and believe you have good evidence, you could plead innocent and attempt to show that she is not guilty of what she was charged of. (Similarly, if your daughter is sued for damages, you can dispute the suit and defend against it, instead of simply accepting the claim.) The issue comes down to what evidence do you have; the cost to defend; and the benefit of defending (i.e. what is saved, for example in terms of points on license and insurance rate increases). A lawyer can help you and your daughter determine whether and how to defend against this charge. If you haven't already, you should probably also notify your insurer--most insurance policies have a requirement that accidents be promptly reported (check your policy).


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