我的疑問

My questions:

1. Should I receive a police report of the accident from mail?

2. If I plead guilty, is there any party (the second or the third party or maybe even others that I do not know) 會向我索賠他的 damage.

3. It is obvious that "the second party" is the cause of the accident, even if I plead guilty, in New Jersey, can I still recover some damage from him?

4. I am thinking of go to court to fight my reckless driving charge. Here is what I plan to say to the judge. Please give me your opinions if you can:

Your honor, the police officer told me at the scene of the accident that that I was driving too fast. And charge me with the reckless driving. In fact, I was not driving fast.

(1) Evidence of my speed
This can be seen from the damage of my car. (I will show the judge the photo). As you can see, although this is a head on collision, the damage is mostly on bumpers and my right door, the damage is almost “cosmetic” – my car is still drivable.

If we compare my damage to the situation used in standard head on collision test (30 mph) used in the Insurance Institute, my damage is considerably less sever. This suggests that my collision speed is around 20 to 25 mph or even less. Given the fact that my car skid before the collision, I was probably traveling at about 25 to 30 miles at that time, while the speed limit is 40 mph.

Another circumstantial evidence on the impact of collision and hence on my speed is fact that my eye glass was still on my nose after the collision.

In summary, I had exercised caution driving on a slipper road in a snowy day. It is “the second party” who was making a left turn and just stopped in the roadway is the cause of accident.

(2) Double standard of the police officer

Your honor, I would say that I was just unfortunate. There was a car traveling (“the third party”) behind me. He could not stop in time either. The driver was very smart – he steered toward left and run onto the sidewalk. But with respect to speed, he was probably traveling at about the same speed as mine.

If the police officer would use speed as the primary criteria in issuing summons, the third party would also receive a ticket, in fact he did not.

所有跟帖： 

• 回複：我的疑問 -單身老貓- ♂ (1311 bytes) () 01/24/2007 postreply 09:44:07

• 謝謝老貓。等事情結束，我會向大家匯報。 -highlander- ♂ (0 bytes) () 01/24/2007 postreply 12:16:46