Charlottesville, VA asked in Traffic Tickets and Car Accidents for Virginia

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.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.