Legal Question in Personal Injury in Alaska
Should I pay the citation or exercise my right to a trial?
I was cited for running a red light and causing an accident. The other driver hit me, I did not even see him until seconds before he ran into my passenger side door on the drivers side.
No one was hurt, the other drivers vehicle was disabled. I am insured. I have excellent driving record and have not been cited or received a warning, for causing an accident since 1990.
There was a witness, who initially said I had the green light but then changed his story. I made sure the officer noted in the report that the witness told the police something different than he told me.
Although, I am certain I did not run the red light, I cannot prove it. I realize that if I take this to court I will more than likely lose because the witness is now siding with the other driver.
I want to confront this witness and ask him why he changed his story. It just doesn't make sense to me. However, I want to make sure that is the wise thing to do.
Should I pay the citation or exercise my right to a trial? Should I get a lawyer?
2 Answers from Attorneys
Re: Should I pay the citation or exercise my right to a trial?
Turn it over to your insurance company and clearly express to the insurance company in writing your concerns about the witness. Your insurance company has a duty to defend you and provide a lawyer in any civil suit arising from the accident, but it also has the contractual right to settle any claim that may arise.
As for the ticket you received, you can certainly hire a lawyer to defend you. The cost may be greater than the amount of the ticket, but it might save you points on your license if the lawyer is successful. That's up to you.
Re: Should I pay the citation or exercise my right to a trial?
You should at least consult with a local attorney. Your insurance company must provide you with an attorney to represent you in any civl suit for damages the other driver may file. However, you should know that it you pay the fine, this will be viewed, in any civil case, as an admission of liability. You might consider representing yourself, plead not guilty and take your chances.
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