I need some info and advice on traffic accident (insurance, attorney)

[AidenV]

There was an accident a few weeks ago. Nobody was hurt.
I was charged with failure to yield right of way.
In truth we didn't know what happened for sure. The other driver drove off first and then came back. Scene was not preserved. I was about to come out of parking lot. So I have no speed.
I've mailed the money to the court.
But my court date is in 20th.
Is there a way to get the record removed?
Should I go to court and fight it or is it no use?
I have no record whatsoever.

Thanks

[mr2448]

Originally Posted by AidenV

There was an accident a few weeks ago. Nobody was hurt.
I was charged with failure to yield right of way.
In truth we didn't know what happened for sure. The other driver drove off first and then came back. Scene was not preserved. I was about to come out of parking lot. So I have no speed.
I've mailed the money to the court.
But my court date is in 20th.
Is there a way to get the record removed?
Should I go to court and fight it or is it no use?
I have no record whatsoever.

Thanks

it will effect your insurance rate for 3 years, after that it will remain on your state record but not affect your insurance rates. You have all ready sent in the money(fine?). Why is there still a court date if you paid the fine? Your insurance will pay any damages. Cars on the street always have the right of way and any collision is always at the fault of someone pulling out into traffic from a driveway, parking space or parking lot no matter what the speed. Unfortunately many Rhode Ilsand drivers think it is courteous to stop traffic on the main road and allow someone to pull out. Perhaps that is what you thought the oncoming driver was going to do. .

[AidenV]

Originally Posted by mr2448

it will effect your insurance rate for 3 years, after that it will remain on your state record but not affect your insurance rates. You have all ready sent in the money(fine?). Why is there still a court date if you paid the fine? Your insurance will pay any damages. Cars on the street always have the right of way and any collision is always at the fault of someone pulling out into traffic from a driveway, parking space or parking lot no matter what the speed. Unfortunately many Rhode Ilsand drivers think it is courteous to stop traffic on the main road and allow someone to pull out. Perhaps that is what you thought the oncoming driver was going to do. .

Thanks for the reply.
I understand the right of way. But it just feel like I got hit because I have about zero speed and other about 40miles/hr?
Anyways I read about accidents on record affecting the employment and such so I was worried about that. Insurance too of course.

[mr2448]

Originally Posted by AidenV

Thanks for the reply.
I understand the right of way. But it just feel like I got hit because I have about zero speed and other about 40miles/hr?
Anyways I read about accidents on record affecting the employment and such so I was worried about that. Insurance too of course.

You could try to prove that the driver was excessively speeding, but how? It won't effect your employment. Think of all the repeat DUI's who are still working. Relax and stay low for the next 3 years.

[GermanSpy]

Originally Posted by AidenV

Thanks for the reply.
I understand the right of way. But it just feel like I got hit because I have about zero speed and other about 40miles/hr?
Anyways I read about accidents on record affecting the employment and such so I was worried about that. Insurance too of course.

Can't give you legal advice on a forum. However, speed is not really the issue here. If you come from a private driveway or parking lot and enter the highway you are required to yield to approaching vehicles on the highway. It doesn't matter if they come zipping by at 40 miles per hour and you carefully leave the parking lot. You have to yield. Your charge stems from Rhode Island General Laws 31-17-5. You also want to read 31-41.1-1 etc. So if this is really something which worries you then you should consult an attorney. Good luck.

[AidenV]

Originally Posted by mr2448

You could try to prove that the driver was excessively speeding, but how? It won't effect your employment. Think of all the repeat DUI's who are still working. Relax and stay low for the next 3 years.

Originally Posted by GermanSpy

Can't give you legal advice on a forum. However, speed is not really the issue here. If you come from a private driveway or parking lot and enter the highway you are required to yield to approaching vehicles on the highway. It doesn't matter if they come zipping by at 40 miles per hour and you carefully leave the parking lot. You have to yield. Your charge stems from Rhode Island General Laws 31-17-5. You also want to read 31-41.1-1 etc. So if this is really something which worries you then you should consult an attorney. Good luck.

Thank you both. It makes me feel much better about the issue.
And this forum is surprisingly helpful and prompt on response