If my wife received a right-of-way violation, is it worth fighting if there were extenuating circumstances?

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If my wife received a right-of-way violation, is it worth fighting if there were extenuating circumstances?

My wife was making a left turn onto a 4 lane divided highway, she was in the middle. She did not see any traffic coming so she turned and was hit at the rear right of her vehicle. This happened at 8:30 am and it was raining. She does not believe the car that hit her had it’s headlights on. Are headlights and poor weather conditions enough extenuating circumstances to warrant taking this to court? There were no witnesses so it would be her word against the word of the other driver. What could the possible repercussions be?

Asked on February 7, 2011 under Accident Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am unclear how you would present this to a court to be used as extenuating circumstances.  That the weather conditions were poor and so she could not really properly see so she made the turn anyway?  As for the headlights of the other car, if it is anything it is a violation punishable by a fine, but it does not excuse your wife making the turn.  Turning against traffic she would have been crossing over those that had the right of way. It is a moving violation and probably subject to points and fines.  You may want to appeal to the court for a reduction so that your insurance premiums do not get higher.  Good luck.


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