Legal Question in Traffic Law in Louisiana

Car Crash

Yesterday, I was driving my car on a highway, and made a left turn at an unmarked intersection to get across to a side street. the trafic light infront of the intersection was red and the vehicle in the left lane stopped to let me through. At that intersection most people do not obey the ''do not block intersection'' sign behind the intersection. Well i went up and looked beyond the first car that let me through and didnt see anyone coming so i nudged up so if there was some one coming they would see me so I went for it and by the time i could see it a car was coming and i sped up to try and avoid a collision but she hit me from my rear passanger door to the rear bumper.there was no sign of any attempt to stop and the driver was vietnameese and could not speek english so i was wondering if i was in the wrong with her not stopping and if she can't speak english how can she drive, not beinmg able to read road signs? I was thinking of taking this to court but i wanted to know if i would have a case.

thank you


Asked on 10/31/04, 1:15 pm

2 Answers from Attorneys
Allison Burbank Law Offices of Allison Burbank

Re: Car Crash

You should certainly get an attorney and contest the ticket by pleading "not guilty" and getting a trial date. If you pay the ticket, it will go on your driving record and can prevent you from renting a car and will probably increase your insurance rates for years to come. As to the particulars, you did not state the court you were in and the procedures and policies vary greatly from court to court. The fact that a person is not fluent in a language does not mean that they do not know basic language as appears on signs. Your attorney can best advise. There are many attorneys who charge inexpensive rates to handle traffic matters. You will also need to bring a letter of responsibiliy from your insurer to court with you--something to indicate that claims were paid or that there was coverage ON THE DATE OF THE ACCIDENT (the insurance card is not enough). Even where liability is not an issue, many courts only look to see that the victim is satisfied, and that there was coverage and will dismiss the ticket -- leave it as a civil matter. This depends upon the court, however, and you did not choose to share that critical piece of information. If you feel you were in the right, you may be able to collect damages from the other driver, as well. Good luck to you.

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Answered on 11/02/04, 8:10 am
Andrew Casanave Andrew M. Casanave

Re: Car Crash

First, in Louisiana a person turning left in a crash is almost always wrong. The fact that she spoke no English does not change this. You will probably be considered at fault.

Second, since most of the signs/signals are so universal as to not require reading at all, the inability to read is not required for a driver's license. In fact illiterate people and dyslexics are driving also.

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Answered on 10/31/04, 2:11 pm


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