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What are the chances this woman will get out of this ticket?

On Valentine's day my husband was in a serious traffic accident (some men will do anything to get out of buying their wife flowers (; ).

The woman was coming down an off ramp, crossing over two lanes of traffic to make a left turn. My husband was traveling in the first lane on the road she was crossing - and he was traveling the speed limit - 45mph. Trust me - I know my husband, he was doing the speed limit. I'm the Mario Andretti wanna be in this house, while my husband strictly adheres to speed limits because he has a CDL and multiple endorsements for his job - he considers his license to be his most valuable asset because he earns his living with it.

There is a stop sign at the base of the ramp, and my husband remembers very clearly seeing her at the stop sign as he approached, and the next thing he knew she was pulling in front of him. He impacted her vehicle dead center on the driver's side. He spun her vehicle 180 degrees and he went about an additional 50 feet (I am terrible at judging distances.).

She was cited for violating PA Motor Vehicle Code 3323b - failing to yeild. Now she is fighting the ticket. The citing officer called my husband to ask him to appear in court as a witness, and told us that her theory is that a.) my husband must have been speeding and b.) my husband should have swerved off the road to avoid. So, in her mind the accident was all my husband's fault. The police office of course does not agree at.

Her insurance company has take 100% liability for the accident already, and we are working with them for settling my husband's lost wages, etc.

What are the chances that this woman will be able to get out of this ticket?

We are not litigious people - but we think that she deserves some sort of punishment for causing this accident. We just want her to at the very least to have to pay the fines associated with getting a ticket.

Update:

To "Knnowitall" - yup, I am bitter. This woman has created havoc in our lives, and injured my husband. So, yeah - this is relevant in my life.

To "Jack" - We have a letter from her insurance stating that they are taking 100% liability for the accident, and a police report that states my husband had "no contributory actions" in the accident. He was traveling on a dry road, on a clear day, at the speed limit and someone pulled directly into his path. He did nothing wrong.

All I want is what is fair - and it has nothing to do with money. At the very least this woman needs a ding on her driving record that says she caused this accident. It's bad enough we've lost thousands in wages because of his injuries, the truck that was totalled was one that belonged to his now deceased father (no amount of money will replace the importance of that truck), and he missed his daughter,s performance at a national competition due to injuries.

So yeah, I'm bitter and I'm angry. I'm human~!

18 Answers

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  • 1 decade ago
    Favorite Answer

    she won't get out of it..the same thing happened to me a few years ago and judges, insurance adjusters will see right through her..especially if her insurance company alreayd took 100% liability..she caused it, don't stress about it..Cant stand people who cause problems like this woman with the accident and then do not want to take their responsibility in it....I hope your husband was not hurt...

    hey knowitall i am 100% sure you would be a little bitter if something like this happened to you, who wouldn't be..it's enough we as human beings have enough stressors in our lives as it is but this something piled on top. If she(the woman that caused the accident) would just admit she was at fault everything would be fine and dandy..and for you to not just show up to a court hearing is basically admitting fault, because you would get a default judgement against you!!

  • Anonymous
    1 decade ago

    What difference does it make? The police report says she was at fault.

    I have to educate you on percentages. No accident is 100% anyones fault no matter who broke the law. Your husband has to have his vehicle under control as to not be involved in an accident in the first place. Your husband will be found a minimum of 10% at fault just because he was on the road. That is how insurance companies work whether you like it or not.

    EDIT: I assure you that the insurance company did not send you a letter claiming 100% of the fault in the accident. That does not happen. They will not send a letter claiming 100% responsibilty because it sets them up for future lawsuits since you claim your husband was hurt and has lost thousands of dollars. If your husband was hurt while working,exactly how did you lose thousands? Workmans comp pays 80-90% of his wages.Stop lying and get over being angry over something that was an accident. You sound like a bitter person.

    Source(s): CDL driver
  • Anonymous
    1 decade ago

    I don't think there'd be that high-a-chance of her getting away with it. At the end of the day if she pulled out on a Stop sign then that's her fault. Your husband on the other hand shouldn't be liable for anything.

    If it was a "give way" junction then she's completely in fault. It's only in filter lanes where the driver is supposed to change lanes.

    The whole deal about 'swerving' is rediculous... When you learn to drive you're told to NEVER swerve as it might endanger other drivers.

    If it caused an accident then there's an EXTREMELY slim chance of her getting off without paying the ticket.

  • 1 decade ago

    Your husband will appear and tell what happened. Since the fault has already been accepted by her insurance company and the police have seen enough accidents to know exactly what occurred, it will be fine. Everyone suffers from a little denial now and again and apparently that's exactly what she's doing.

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  • Anonymous
    1 decade ago

    Since your husband didn't get a speeding ticket at the time of the accident, he wasn't faulted. She will be fined for whatever charge the officer working the accident wrote on the ticket or police report.

  • lepe
    Lv 4
    5 years ago

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  • 1 decade ago

    She should stop. She's clearly trying to get out of it. If the insurance company has accepted liability, who are the 'experts' then she's just clutching at straws. Some people just wont accept that they're in the wrong.

    Potential speeding isn't the issue and it's very hard to prove.

    Source(s): worked in motor insurance claims
  • tracy
    Lv 4
    1 decade ago

    I, too, have a CDL so I understand your husband's driving habits. She is just another person not wanting to take responsibility for her own actions Your husband should have swerved? I don't think so. He could have caused another accident, either injuring himself or someone else. Don't irresponsible people just irritate the heck out of you? She won't get out of her ticket.

  • Anonymous
    1 decade ago

    It would be up to this woman to prove that your husband was speeding - how's she going to do that? If he had been speeding, there would at least be skid makes at the point of impact - if the police don't think she was speeding, it looks like there was no proof - he should go to court and co-operate. She's trying it on.

  • 1 decade ago

    With some people, there is no reasoning with them. If your husband is willing to testify, that is good. Ask him to do it. Since her insurance company is paying your husband's claim, the woman will get her punishment when her insurance premiums go up.

    Source(s): Retired claims adjuster in PA.
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