Legal Question in Traffic Law in Colorado

Small accident, not my fault... I think

A few days ago I got into a minor accident, where I recieved the ticket. I was in the left hand turning lane, so I know I was supposed to yeild. The other car was plenty of disentce away so i inched toward then went to turn. The other car then spend up at the yellow and we barely hit but did. I had hit my breaks, but it was too late. Even though he had the right away he could have moved into the other lane or even not gone speeding in the first place. I have not gone to court yet to pay for the ticket or the repairs. I'm not sure if I want to fight it or not. I am also afraid the cops may use what I said against me, because when the officer said he was giving me the ticket I said'' but why I had the green arrow'' which is not true I had a solid green because there is no green arrow at that intersection. I know some of my rights(like to remain silent), but I was shaken up and didn't think to keep my mouth shut. i talked to the other driver briefly and he said that the repairs are going to be 1,400, which I cannot afford, but I can't afford fro my insurance to be raised either. I'm not sure what to do or what kind of rights I have, But I can't help but think that if I prove my case I will be able to cut down the costs.P.S.I'm only 16.


Asked on 4/23/04, 3:27 pm

2 Answers from Attorneys
David Colt Colt Law Firm, P.C.

Re: Small accident, not my fault... I think

Hello. Sorry to hear about your accident. For purposes of these answers, I am assuming the ticket that your received is for the failure to yield the right of way (or similar municipal charge), which is a 3 point ticket.

First, the law is that a vehicle can enter the intersection as long as the light is green or yellow (the yellow light is only to serve as a signal that the light is about to change to red). Here, because the other driver entered the intersection while the light was yellow, you had to yield the right of way to him.

Second, you can contest the violation by taking it to trial, but the court will base any determination on the evidence, including statements of the other driver and witnesses, and the statement that you made. Because you told the officer that you had a green arrow (when in fact there was no arrow at that intersection) will hurt your case. However, any evidence, if any, which shows the light was red when the other driver entered the intersection will help your case in court. If, however, you do not succeed in winning your case, you will have to pay the original fine amount plus court costs.

Instead of going to trial, the city attorney (when you show up for court) might offer a plea bargain. A negotiated deal for a 2 point non-moving violation would be ideal. When you go to court, you will have a chance to meet with the prosecutor and ask him or her for a plea bargain.

Third, your insurance will probably go up. Even with one minor accident, insurance companies often raise their rates. I am assuming that they have been notified by either you or the other driver of the accident.

Finally, at 16 years old, you can have no more than 5 points in one year or 6 points for the duration of your minor's license. The 3 points (unless you can get a plea bargain or dismissal) count against your license.

I hope this information helps you. David Colt

Read more
Answered on 4/27/04, 5:17 pm
Stephen Anderson Anderson & Carnahan

Re: Small accident, not my fault... I think

Turn information in to your insurance company and seek a traffic attorney to protect your driving record.

Read more
Answered on 4/23/04, 3:57 pm


Related Questions & Answers

More Traffic Law questions and answers in Colorado