Legal Question in Personal Injury in California
Difference between being cited and being at fault in a traffic accident
I was in a traffic accident last week in which I sustained personal injury and my car was totalled. I was at a residential intersection where I had to yield before turning left onto another street. I saw a van approaching from the left, but felt I had plenty of time to make the turn safely. After almost completing my left hand turn, the van smashed into the drivers' side rear of my vehicle, spinning my car 180 degrees. After stopping briefly to see if I was okay, the driver left the scene to drive her kids to school. The policeman who came determined that she must have been speeding to cause such damage to my car and person. He said he would she would be cited for speeding, but I could be cited too for an improper yield. I feel I was in the right when I made my turn and would not have sustained injuries or damage had she not been speeding. Additionally, she told the policeman that she wasn't paying attention because her daughter had asked her a question. Do I have a case? What can I do to insure that I am not found even partially at fault?
1 Answer from Attorneys
Re: Traffic Accident
Sorry for the delay in answering your question
it was not posted to me until a few days ago.
Even if you were cited for failure to yield it
does not necessarily mean you are at fault. Obviously
the women did nothing to avoid the accident. I
think you have a solid case for personal injury, pain
and suffering and property damage against this women.
If you have not already retained counsel I would be
happy to handle your case for you. I would be happy
to give you a free consultation and discuss what kind
of settlement I think you can get as well as any other
questions you may have. I am located in San Luis Obispo
but I practice throughout the state of california.
I have ten years experience in handling personal injury
cases and I could provide you with references if requested.
I can be reached at 805-546-9909 or you can email me at
[email protected]. Another perk to hiring an attorney
is that on personal injury cases I work on a contingency
fee basis which is the ultimate incentive to get you
the best settlement possible and if you do have medical
bills I am very persuasive and I usually can get them
to reduce there bills significantly putting more money
in your pocket.
I look forward to hearing from you.
John Hayes,Esq.
One last thing you have only one year from the date
of the accident to either settle the claim or file
a lawsuit. After this date you no longer can get any type
of settlement from anyone. So you need to do something
before July 1999. Also if you haven't hired an
attorney and wish to hire me, don't talk to anyone
about this accident from now on without me on the phone.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
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