Should I fight a ticket for “Failure to Yield from a Private Drive” that resulted in a car accident?

UPDATED: Aug 1, 2011

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Should I fight a ticket for “Failure to Yield from a Private Drive” that resulted in a car accident?

Exiting my apartment complex, 3 lanes of westbound traffic on the road had stopped to allow me to cross. I had cleared the westbound lanes and entered into the median when a woman speeding down the median hit me (she had entered the median from across the street and was unable to enter the westbound lanes as the cars were backed up – obviously, she had seen the gap presented by the cars that had stopped to allow me to cross and was speeding down the center median in an attempt to reach that gap). The officer cited both of us at fault as I had been exiting a private drive. Fight?

Asked on August 1, 2011 Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you believe that you were not at fault for the automobile accident that resulted between you and the other driver, you should show up in court and contest the ticket and see what the outcome is.

Since your insurance premiums will most likely increase as a result of the accident if you do not contest the accident, there is additional incentive for you to show up and fight this ticket. The benefit of contesting the ticket in person as opposed to simply paying the ticket is that the citing officer may not show up and the citation and ticket will be dismissed.

If that happens, then you can argue with your insurance carrier that you were not found in violation of the citation. If the other driver simply pays the ticket and your ticket is dismissed, your position with your insurance carrier that you were not at fault for the accident and your insurance premiums should not be increased is strengthened.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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