The ticket is totally irrelevant

來源: replevin 於 2006-02-06 16:07:43 [] [舊帖] [給我悄悄話] 閱讀數 : (1756 bytes)

You can go to traffic court to appeal the ticker but the outcome is irrelevant to the outcome of the insurance claims.

If I were you I will not settle with the insurance company because you DID NOT cause the accident. The cop was wrong and the insurance company was wrong. You need to prepare for this lawsuit not the traffic court. First, the cop can write whatever she thought was right, but based on what you just said, I don't think you caused the crash. You can stop in the work lane and that IS a violation of the ordinance but it is very confusing why the cop said that you caused the crash. In a tort court, the cop's statement will be treated only as evidence and whether you are liable or not is not dependent on what she said but what the jury decides. As the cop said, your stopping in the work lane was a violation of the traffic code but the code is designed to protect road workers, not a traffic accident. Your violation does not mean that you breached a duty to other drivers. Second, even if you are in breach of a duty to the victims, there is still a proximate cause issue. The victims are supposed to take reasonable care of themselves. Some states use doctrine of last clear chance that even if you created that peril, if the victim had the last clear chance to avoid the accident, you are NOT responsible for the damage. Don't know about MA but a tort lawyer will explain the local rule to you. In your case, based on what you said, I think that you violated the traffic code so that you are responsible for the ticket of $50. The driver of the first car is responsible for the accident, not you. Try to talk the insurance company to drop the claim against you. If it does not, find a lawyer to go the court.

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