Hiram, GA asked in Car Accidents and Traffic Tickets for Georgia

Q: Need Help. Ticket after accident question

I have a quick question. I was involved in an accident. I turned left on a yield arrow and was hit by a truck. Police deemed it my fault due to the yield sign and wrote a ticket (failure to yield). I did not see the truck until it was too late. My argument is that there is not enough visual clearance for a yield light in this intersection. I did research and found that there have been 1-3 accidents per week since the accident and the month prior. I had a clean record and I am going to traffic court tomorrow. Do I have a case?

2 Lawyer Answers
Susan M Hankins
Susan M Hankins pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Personal Injury Lawyer
  • Peachtree Corners, GA
  • Licensed in Georgia

A: You should contact a lawyer who handles traffic cases. This could be very important especially if anyone was injured. There may be caselaw that says if you cannot see a car you do not owe a duty to yield to that car. May be worth your while to consult with someone. Good luck.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Understand being at fault and being liable for a citation have different analyses. As the person turning left it is your duty to proceed only if your line of sight is clear; the less your line of sight the more likely you will have a duty to proceed with caution.

If it's relatively straight or mild curve, you will have to explain why you couldn't see the other vehicle. Fact that others may have gotten into wrecks doesn't get you off the hook.

You definitely want to consult with an attorney who handles tickets in that county.

As the person turning across traffic it's on you.

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