Q: Which driver would have been ticketed via a highway median cross-over for failure to yield the right-of-way?
Driver Two crashes into Driver One within a highway median cross-over. Driver One - stopped on the east side of the road before the median cross-over until two Northbound highway lanes and the median cross-over left turn lane (marked) into the median cross-over were clear. Driver One got to the point before entering the two Southbound highway lanes. Stopped to look right for Southbound traffic to merge, but it was too late to avoid Driver Two crashing into Driver One. Driver Two was in the Southbound left turn lane (marked) going into the Median Cross-Over to turn into the side street that Driver One came from, but crashed into stopped Driver One, but after contact, proceeded to go halfway into the median cross-over and then stopped before crossing the Northbound lanes. It was like Driver Two did not realize crashing into Driver One until a second later.
The highway median cross-over is located at Darryl Carter Parkway and Redmond Drive (East)/Desforges Ave (West) - FHP No-Show.
A: Who would be ticketed is entirely within the discretion of the law enforcement officer(s) after the officer(s) speak to those on scene and review the situation. The officer(s) may or may not get it right - and that's why traffic tickets can be contested in traffic court. That's a different issue than the questions, "Who's at fault for the accident?" and "Whose insurance company should pay?" To obtain a legal opinion on those questions, a consultation with a lawyer must be scheduled, and you can likely find a lawyer in your area who will give a free consultation.
1 user found this answer helpful
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.
