Traffic Ticket for Stopping in the Middle of the Highway?? (Fairfax: insurance, lawyer)

[dahhyung]

Hello,

I need help. I do not know whether my cousin should fight or just pay the ticket. My cousin got a traffic ticket after an accident on Fairfax County Parkway. She was going to make a U-turn, where acceptable, when she was hit from behind by a car which was hit by a truck behind it. When the police had arrived a person, the "witness", claimed that my cousin abruptly stopped in the middle of the highway. The police heard stories from my cousin, the truck driver and the "witness", but not the driver of the car because she was taken to the hospital in an ambulance. She was then issued the ticket for "stopping in the middle of the highway." According to the insurance adjustor the driver of the car that hit my cousin said that she saw my cousin slowing down with the turn signal on indicating she was going to make a left/U-turn. Unfortunately, the insurance adjustor said we can not use her statement because she decided to fight my cousin (I don't really know why). What can she do? Please help me help my cousin! I'm trying my best to help her (she's like a sister to me). Thanks a lot.

D

[adolpho]

The cops drive across the median, because it is so difficult to get turned asround. It's way dark out there, and people follow too closely. I say she fights. She was rear ended--almost never at fault.

[Bigfoot424]

Not enough info to make an informed opinion.

[adolpho]

How can one make a U-turn without almost stopping? Moderator Cut in fact the person two suvs back was on the mobile phone. How far past the accident was she turning? Surely, folks should have been driving with caution.

[robbobobbo]

If the insurance employee actually stated that the following driver saw your cousin use a signal and slow down, couldn't that employee be called on the stand as a witness, under oath?

Also, whenever you make a statement to insurance about the circumstances of an accident, don't you have to affirm you're telling the truth? And this agent knows she's now telling a very different story?

On the other hand, I can't think of places on 7100 where legal left turns don't have their own dedicated lane or other way of getting out of the path of traffic - but I don't drive 7100 enough to know it fully. Where was the accident?

[michgc]

I believe it is the driver in the back's responsibility to be aware of traffic stopping in front of him/her. If nothing else, the blame should be shared. I would definitely fight that one.

[Huckleberry3911948]

need a good lawyer asap.

[Yankeesfan]

Can you clarify -- was your cousin in a left turn lane? If so, then she would not seem to be at fault. If not, then she should definitely not have been attempting to make a U-turn and is at fault, regardless of whether she was using a turn signal. "Acceptable" is vague. The turn lanes are there for a reason.

[slim04]

There are two issues:1) the liability for the injury of the other driver and the damages to the vehicles, and 2) whether the traffic ticket was warranted.

The issues as to who is at "fault" goes to the liability issue and is irrevelant whether the traffic ticket was appropriate. The police could have issued all three drivers tickets if he wanted, one for stopping on a highway and the other two for tailgating, etc.

As for stopping on the highway traffic ticket:

§ 46.2-888. Stopping on highways; general rule.
No person shall stop a vehicle in such manner as to impede or render dangerous the use of the highway by others, except in the case of an emergency, an accident, or a mechanical breakdown. In the event of such an emergency, accident, or breakdown, the emergency flashing lights of such vehicle shall be turned on if the vehicle is equipped with such lights and such lights are in working order.

Assuming this collision didn't occur in a left hand turn lane (hard to believe a police officer would write a ticket to your friend for that), completely stopping in the regular left lane (i.e. the "fast lane") of a busy highway like 7100, I'd argue is inherently dangerous unless the highway was completely deserted. Obviously that isn't the case here, as two cars got rear ended. Stopping for a U-Turn or to make a turn in general isn't an emergency, so the police was probably right to write your friend a ticket. I really don't think that injured driver probably could have stopped had they not driven so fast, paid more attention, or knew your friend was slowing down gradually really makes your friend's actions to be safe. But who knows, that's just my opinion.

As for what the insurance adjuster said, she might be referring to the hearsay rule. To use her testimony, you first would have to subpoena the injured driver, have that person's testimony conflict with what the insurance adjuster told your friend (or if she didn't show up), then subpoena the insurance adjuster to conflict that account. Who does that for a traffic violation? Subpoenas usually involve fees and service of process costs that would exceed most minor traffic violation tickets. But like I said, I think in the end it is probably irrelevant.

If it was me, if it was a reckless driving charge, I'd try to negotiate to drop it to an ordinary traffic ticket. If it is already an ordinary traffic ticket, I'd see if I could take a class or something like that. Or maybe the officer doesn't show up to court? Maybe the prosecutor will buy a sob story and just dismiss the charge.

Your insurance is a different issue and really have no idea how they settle all that stuff and if you how you go about disputing an adjusters report on liability.

[Guamanians]

If she did indeed slow down gradually, and had her blinker on then I would fight it. It seems like the 2nd car slowed down, which indicates that your cousin was ok at that point. From what you descibed, it sounds like the 3rd car wasn't paying attention and rammed into the 2nd car. I say fight it!