Q: How can I be cited for failure to yield when SUV entered my lane and hit my front end sending me into the guardrail?
I waited until the lane was clear, the SUV was in right lane and merged when I’d entered left lane, hitting the front of my passenger side and sending me into the guardrail. I don’t understand how I could have been cited when I couldn’t have predicted that he would change lanes at an intersection. My car was totaled and there was slight damage to his front drivers side from where he clipped my passenger side and I was the one cited. It was an elderly man who was very verbally abusive to me, cursing at me and accusing me of being on my phone (I wasn’t.) I’m not sure what to do or what my recourse is. My policy lapsed, I got a new policy yesterday. I know that it won’t cover the accident that happened yesterday morning. I’m very lost and frustrated and currently can’t afford an attorney but really need help.
A: A Virginia attorney could answer best, but your question remains open for three weeks. This looks like a setting where you were merging onto a main road from the left. Without knowing additional details, the general rule in virtually all jurisdictions is that vehicles proceeding in the main road have right of way. You could discuss the accident/citation with a Virginia traffic ticket/accident attorney, but it would likely mean attorney fees, whether the outcome is favorable or not. Good luck
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