No, she didn't. She didn't use common sense that placing a hot beverage
between her legs and removing a lid, even as a passenger, has risks. Her
clumsiness was her fault. I'm also skeptical of the son pulling over to
let her add he condiments. OF course the attorney will advise not to say
they were moving or case dismissed.
In courts here in Delaware if defendant is found against them blame is
apportioned. You do not sue for a dollar value but essentially for
damages. If it were determined that it was 90% her fault, as most here
would agree, she might recover 10% of the damages.
From my limited experence in NC traffic laws if even 1 percent of an
accident is your fault, then it is up to each driver to fix their own
Say you are going down the road and decide to turn in a drive way,
there is a minimum distance where you are suppose to turn on the turn
signal. If someone rams you from behind, it is still partly your fault
if you did not signal atleast that far ahead of time.
All state courts have a somewhat different perspective.
Here, I found that if you get a traffic ticket for an accident if you
just pay it and it gets to court you have no defense. I was advised to
plead no contest and pay the ticket as if it does get to court you can
bring up arguments in your defense to mitigate the damages if you lose.
On the national level we see it all the time where law firms shop the
courts where they know they can get a favorable verdict.
It is best to take any accident related ticket to court. The cop
generally did not see the offense and the only witness is the other
driver. If they don't show, case dismissed.
Tip, if both drivers got cited, postpone your court date, just in case
he does show up for his ticket and it is scheduled the same day.
On Sun, 01 Dec 2019 19:20:26 GMT, email@example.com (Scott Lurndal)
Just forfeiting the collateral to get them to ignore you to "failing
appear" seems like the cowardly way out. That is what you are doing
when you "pay a ticket".
I was standing there in front of a judge prepared to defend my actions
with the chance that I could end up paying more than the collateral on
the ticket. How much more manning up do you want?
On 12/1/2019 6:58 PM, firstname.lastname@example.org wrote:
Traffic court is a crap shoot. I've heard plenty of stories good and bad.
My favorite was years ago in Philadelphia. Must have been 100 of us
there hoping to get out of or at least a lesser charge. Door opens and
the bailiff announces: Court is now in session, the Honorable Judge
Whoever presiding. Judge sits and say "how do you plead: so every one
of us says "NOT Guilty" and the judge responded "Dismissed" I guess he
had an early Tee time.
They went the other way in Lee County traffic court. The judge said
"You all had the opportunity to forfeit collateral and not waste my
time but if you want a trial you can have on. Just know, my guilty
verdicts come with fines of $500 and up so if you want to reconsider
there is a table in back where you can pay".
I suppose a good lawyer would be able to make a case that there was
something unconstitutional there but pretty much everyone paid.
In Maryland traffic court, the normal outcome was half the fine and
half the points so it was worth doing.
One of my DC cop buddies said if they pulled up on a property damage
accident and anyone wanted them to write a report they were giving
everyone a ticket. Usually they decided they could deal with it
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