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Legal Question - car accident


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My teen was involved in a car accident. He had stopped at a stop sign and then pulled into traffic and got hit totaling both vehicles. The Police charged my teen with failure to yield/stop. The other driver did have the right of way and did not have a stop sign.

 

Upon further investigation, the other driver was arrested for DUI and taken to jail. My son was charged with causing the accident even though the other driver was DUI. Something seems very wrong with that since the other driver was DUI.

 

Should we just pay the fine when we go to court? or argue to the judge that if the other guy hadn't been drinking, he may have been able to avoid the accident?

 

I can just see my insurance going through the roof. The insurance company said since my son didn't yield, then the DUI part doesn't even matter.

 

 

your thoughts?

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My teen was involved in a car accident. He had stopped at a stop sign and then pulled into traffic and got hit totaling both vehicles. The Police charged my teen with failure to yield/stop. The other driver did have the right of way and did not have a stop sign.

 

Upon further investigation, the other driver was arrested for DUI and taken to jail. My son was charged with causing the accident even though the other driver was DUI. Something seems very wrong with that since the other driver was DUI.

 

Should we just pay the fine when we go to court? or argue to the judge that if the other guy hadn't been drinking, he may have been able to avoid the accident?

 

I can just see my insurance going through the roof. The insurance company said since my son didn't yield, then the DUI part doesn't even matter.

 

 

your thoughts?

 

Valid point. Discuss with solicitor to see if charges can be dismissed, if not, discuss with the judge.

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If you could prove the other person was exceeding the speed limit by a bunch you might be able to fight for shared responsibility. The person being under the influence doesn’t change the reason the accident happened.

 

Sounds like its time to pay the piper and accept it as a learning experience.

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To me that would be like the guy who got the DUI petitioning to have his DUI case dismissed based on the grounds that if your son had not caused the wreck he would not have had contactto with thethe police and gotten a DUI. PLEASE don't get me wrong, I'm not trying to be a smart@$$, just pointing out how trying to negate guilt could go both ways like that. With that said, go to court, if your son has a good driving record they shouldn't have a problem witholdong adjudication (or Georgia's equivalent ) and then it shouldn't affect your insurance.

Edited by wcso84
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Take your chances but I know many young folks out here that ended up worse off(fines and community service). No matter how you slice and dice it he failed to yield right of way. A coworker had a friend try to pull this, she ran a light, about killed the other driver and one lady from her car did die. She visited several attorneys trying to sue because the other driver never saw her coming. I was floored but sometime when you recite something over and over in your head even if it is opposite the law it starts to sound logical.

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It is not uncommon for both driver's to get cited in the same incident. From what you described, the charge is valid. However, you might have some wiggle room to get it reduced to a no-point violation. Make sure that your insurance company pays for the damages, and get proof to take to court.

 

Let me know if I can assist in any way. Good luck!

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um, your kid has been charged with a crime. If your kid goes before a judge and ask him to reconsider the charge against him the judge may not only side with the officer - he may also ban your kid from graduation just to show who is boss.

 

This is one of the reasons you don't go to court without a competent lawyer. They know who the judges are (or ought to) and can advise not only on the legal implications but the practical and tactical implications of a particular action in a particular court of law before a particular judge... if they're good.

 

pubby

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My teen was involved in a car accident. He had stopped at a stop sign and then pulled into traffic and got hit totaling both vehicles. The Police charged my teen with failure to yield/stop. The other driver did have the right of way and did not have a stop sign.

 

Upon further investigation, the other driver was arrested for DUI and taken to jail. My son was charged with causing the accident even though the other driver was DUI. Something seems very wrong with that since the other driver was DUI.

 

Should we just pay the fine when we go to court? or argue to the judge that if the other guy hadn't been drinking, he may have been able to avoid the accident?

 

I can just see my insurance going through the roof. The insurance company said since my son didn't yield, then the DUI part doesn't even matter.

 

 

your thoughts?

 

Sounds more like Failure to tield to me. :pardon: Even though they charged your son that does not mean the other driver had ZERO responsibility. If he was arrested for DUI then he will be at least partially responsible. With that said you must remember that the legal courts and civil courts are totally seperate entities. You want to do everything that you can to minimize what the legal system says your son did on his side and hope that the other person's is maximised. When it comes to who pays what on the insurance claims, you will have moved into a totally seperate court system. They (you insurer) will use the police reports and tickets as evidence to minimize their responsibility and argue the other side is more responsible. But that will be done by your insurer's lawyers not you. Either way it will be a claim on your policy which usually includes rate increases.

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1334597462[/url]' post='3625288']

um, your kid has been charged with a crime. If your kid goes before a judge and ask him to reconsider the charge against him the judge may not only side with the officer - he may also ban your kid from graduation just to show who is boss.

 

Seriously, this is what you have to add to this post? Are you related to Zimmerman or something?

Good luck to your son, Capt. Sorry for the hi-jack.

Edited by Epiphany
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It just makes me wonder about some folks on here........

 

Some complain about an outright speed trap by the local Cobb county finest.... and you say SHUT up and pay the fine and you jump all over me for it.

 

 

Then I see a few of you that made that same statement (per se) and talk about getting a lawyer and wiggle room when the kid was odiously wrong and totally deserves the ticket. Heck he cause the two cars to be totaled. Not saying the drunk did not play a part in it .....

 

Love it when the shoes is on the other foot.....

 

You know what... Suck it up... pay the ticket and the higher insurance and let it be a learning experience..... Like it should be.

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Valid point. Discuss with solicitor to see if charges can be dismissed, if not, discuss with the judge.

We got the police report today and found out the other driver was under the influence of alcohol and drugs. Also the police officer noted excessive speed on the other driver was a contributing factor. So, yes, my son apparently didn't yield the right of way, but the other driver was speeding and under the influence of alcohol and drugs. So just maybe there's some wiggle room there.

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We got the police report today and found out the other driver was under the influence of alcohol and drugs. Also the police officer noted excessive speed on the other driver was a contributing factor. So, yes, my son apparently didn't yield the right of way, but the other driver was speeding and under the influence of alcohol and drugs. So just maybe there's some wiggle room there.

 

 

It will mean that the insurance companies will "split" liability in some fashion. Just because the other driver was cited for 40- 6 - 391 does not absolve your son of his violation. He is either guilty of that or not. the surcharges you will be assessed by the insuance company should be lessened though.

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The other driver being DUI has little to do with who failed to yield to traffic while entering a roadway.

 

that one^^^

 

The outcome would have likely been the same had the other driver been perfectly sober. Happens every day.

 

the surcharges you will be assessed by the insuance company should be lessened though

 

In 25 years I've never seen a variable accident surcharge on a personal auto policy. If the violation is a higher point charge than the accident, it could result in a larger premium increase - and there's often a damage threshold under which an accident is not chargeable but generally speaking I would say any surcharge applied will be the same no matter the condition of the other driver...

Edited by rednekkhikkchikk
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Well considering the guy got a DUI- he could have easly been speeding.

 

I would fight it for sure!! And you will probably win. IMO

 

I have been in insurance for many years. It's worth fighting.

 

 

If I have a yield sign and do yield . Then a driver flies around the corner bc of speeding they could be at fault vs me.

 

I say go for it!

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that one^^^

 

The outcome would have likely been the same had the other driver been perfectly sober. Happens every day.

 

 

 

In 25 years I've never seen a variable accident surcharge on a personal auto policy. If the violation is a higher point charge than the accident, it could result in a larger premium increase - and there's often a damage threshold under which an accident is not chargeable but generally speaking I would say any surcharge applied will be the same no matter the condition of the other driver...

 

 

I was told by Allstate that there is a base increase on the claim and a % of the accident cost that is added to your rates after an accident. Again, just what I was told by my company.

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The other driver being DUI has little to do with who failed to yield to traffic while entering a roadway.

 

 

I agree, same situation if the other driver is in the country illegally and has no driver license. He still pulled out in front of another driver / violated the right of way. The criminal portion has little to do with the civil issue.

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My teen was involved in a car accident. He had stopped at a stop sign and then pulled into traffic and got hit totaling both vehicles. The Police charged my teen with failure to yield/stop. The other driver did have the right of way and did not have a stop sign.

 

Upon further investigation, the other driver was arrested for DUI and taken to jail. My son was charged with causing the accident even though the other driver was DUI. Something seems very wrong with that since the other driver was DUI.

 

Should we just pay the fine when we go to court? or argue to the judge that if the other guy hadn't been drinking, he may have been able to avoid the accident?

 

I can just see my insurance going through the roof. The insurance company said since my son didn't yield, then the DUI part doesn't even matter.

 

 

your thoughts?

 

 

After your well documented dislike for authority displayed on PCom and your equally as well documented teaching to your children to defy the authorities, I'm not AT ALL surprised by this post.

 

Here's just one easily accesible example that stuck out in my mind as soon as I saw your screen name... http://paulding.com/forum/index.php/topic/286194-students-parents-hired-a-lawyer-fighting-ephs-over-senior-prank/page__p__3618772__fromsearch__1#entry3618772

Edited by justgettingby
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Valid point. Discuss with solicitor to see if charges can be dismissed, if not, discuss with the judge.

 

This subject is the perfect example of ask 100 people and you will get 100 different answers.

The suggestion above to talk to the solicitor, then the judge is your only opinions to get the charges reduced or dismissed.

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Well considering the guy got a DUI- he could have easly been speeding.

 

I would fight it for sure!! And you will probably win. IMO

 

I have been in insurance for many years. It's worth fighting.

 

If I have a yield sign and do yield . Then a driver flies around the corner bc of speeding they could be at fault vs me.

 

I say go for it!

 

 

Keep in mind that the driver only "accused" of DUI. He will not go to court for about a year. The accident ticket will not wait that long to be disposed of. I do agree though, the judge can reduce or drop the ticket if they choose depending on the circumstances.

 

Now, for the civil court, there will be a shared liability because of the illegal activity (DUI)

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um, your kid has been charged with a crime. If your kid goes before a judge and ask him to reconsider the charge against him the judge may not only side with the officer - he may also ban your kid from graduation just to show who is boss.

 

 

 

 

If you are really a cobb transplant, maybe you need to go back..................................

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