Q: Seeking Legal Advice After Traffic Accident
Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my wife a ticket for disobeying the traffic signal (since she said she is driving in yellow light). Additionally, she sustained a hand fracture requiring surgery, and our car is totaled.
Given the complexities of this situation, including the traffic violation, medical expenses, and car being totaled, I am sure my insurance premiums are going to be sky-rocketed. I am unsure of the best course of action right now. Should I consider hiring an attorney to contest the ticket and navigate the claims, or would it be more prudent to simply pay the fine and manage the repercussions independently?
I would appreciate any guidance or recommendations on how to proceed.
A:
I think you'll find yourself coming out the same or better without hiring an attorney. The ticket isn't going to be significantly outcome determinate here. Your wife can ask for a formal hearing on it, and try negotiating for a zero point ticket for what it's worth. The insurance companies do not rely on just the tickets to establish fault when it comes to collision / comprehensive coverage. The beauty of our state's no fault system is that your insurance will pay for your wife's injuries and car; the other guy's insurance will pay for their's. There may be a mini tort involved; maybe not. Your insurance may quibble with you about how much they'll pay; maybe not. They will almost certainly raise your rates for the for the next three years.
You should expect much the same outcome whether you hiring an attorney or not.
A: One of your options might be to try to arrange a free initial consult with an attorney. I hope you wife is okay. Depending on whether she has the basis to move forward with a claim for her hand injuries, the determination of liability could be important in a comparative negligence setting with the other driver in apportioning fault. After a consult, you might be in a better-informed position to make a decision. Good luck
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