Legal Question in Traffic Law in Georgia

''Failure to Yield''

I Was crossing over a two lane road from one shopping center to another. The speed limit on the road separating the shopping centers is 25mph. I made a complete stop and was flagged by another vehicle coming from the left to cross the road. I attempted to cross and did not notice the truck coming from the right. I am driving a 2002 Ram 1500. I was hit hard on the right rear portion of my truck that caused me to do a full 360* turn. I was cited by the law officer for failure to yield. The oncoming truck was doing approx. 50mph and was not cited. Is there any argument due to the false info from the signaling car as well as the obvious speeding of the oncoming truck?

Thanks,

Tim


Asked on 11/26/05, 11:33 pm

2 Answers from Attorneys
Billy Tomlinson Tomlinson & Associates, LLC

Re: ''Failure to Yield''

The other person may have some contributal negligence for the purposes of a civil suit and the officer probably should have ticketed the other driver under the circumstances that you described. However, neither is a defense for your situation.

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Answered on 11/27/05, 10:56 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: ''Failure to Yield''

Based on the facts as you posted them, you can expect to be convicted at trial. You might want to consider a nolo plea as it involves no admission of liability and may be helpful with points (talk to a lawyer as there may be other things you should do given that a traffic case may also affect civil liability).

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Answered on 11/30/05, 11:41 pm


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