Police Officer Preparation & Law Enforcement Resource - Archive

Maryland.

This past weekend I was involved in an accident that was caused by another driver making a u-turn. This is how it happened:

-Traveling northbound in the left lane several car lengths behind another vehicle in the left lane on a 2 way 4 lane 35mph limit road.
-Vehicle in front signals left even though there isn't a left turn available up ahead.
-The other vehicle slows and changes over to the right lane, I slow as well to maintain distance.
-The other vehicle is now in the right lane and I am in the left lane with no cars in front of me.
-The other vehicle slows down more as we approach an intersection, that only has a right turn.
-The other vehicle bears right and looks like it is about to take the next right turn.
-I continue in the left lane at speed and laughed that the guy didn't know his right and left.
-Since the other vehicle has slowed to turning speed and I continued driving in my left lane, I am now about 2 car lengths behind him in the left lane.
-Right before the other vehicle enters the intersection and I thought was going to make a right turn, he bears to his right and then attempts to make a left hand u-turn through my lane.
-I see his front half of the car in my lane and reflexively brake and swerve left into the opposing lanes since there were no oncoming cars.
-The other vehicle continued his u-turn and my front right collided with his front left.
-I felt I had to swerve otherwise I would have hit him head on.
-Had he saw me and heard me he should have stopped in the left lane and I would have been able to safely go around him.
-I couldn't swerve to the right because there were vehicles waiting on the right side of the intersection at the traffic light and may have been cars in the right lane.
-Luckily neither my wife and kids were not hurt.
-Unluckily the officer on duty saw it fit that I receive a citation for failure to control vehicle speed to avoid a collision.

How and what could I have done differently, other than not being there, to avoid that accident? Am I expected to always assume the worst when nearing another vehicle and slow to a crawl so I can stop at a dime?\


Thanks all for any advice and info regarding this unfortunate incident.

Only advice I have is you'll have your day in court. Without being on the scene, seeing the damage, roadway, and not hearing the other parties story, I can't form an opinion as to who is the at fault party.

Only advice I have is you'll have your day in court. Without being on the scene, seeing the damage, roadway, and not hearing the other parties story, I can't form an opinion as to who is the at fault party.

Thanks. Could you tell me whether the u-turn I described is legal or not? I though a u-turn must be made from the lane closest to the center line, which would have been the lane I was in. If he did that then I would have slowed to a crawl as if waiting for someone making a left turn at a light.

Maryland.

This past weekend I was involved in an accident that was caused by another driver making a u-turn. This is how it happened:

-Traveling northbound in the left lane several car lengths behind another vehicle in the left lane on a 2 way 4 lane 35mph limit road.
-Vehicle in front signals left even though there isn't a left turn available up ahead.
-The other vehicle slows and changes over to the right lane, I slow as well to maintain distance.
-The other vehicle is now in the right lane and I am in the left lane with no cars in front of me.
-The other vehicle slows down more as we approach an intersection, that only has a right turn.
-The other vehicle bears right and looks like it is about to take the next right turn.
-I continue in the left lane at speed and laughed that the guy didn't know his right and left.
-Since the other vehicle has slowed to turning speed and I continued driving in my left lane, I am now about 2 car lengths behind him in the left lane.
-Right before the other vehicle enters the intersection and I thought was going to make a right turn, he bears to his right and then attempts to make a left hand u-turn through my lane.
-I see his front half of the car in my lane and reflexively brake and swerve left into the opposing lanes since there were no oncoming cars.
-The other vehicle continued his u-turn and my front right collided with his front left.
-I felt I had to swerve otherwise I would have hit him head on.
-Had he saw me and heard me he should have stopped in the left lane and I would have been able to safely go around him.
-I couldn't swerve to the right because there were vehicles waiting on the right side of the intersection at the traffic light and may have been cars in the right lane.
-Luckily neither my wife and kids were not hurt.
-Unluckily the officer on duty saw it fit that I receive a citation for failure to control vehicle speed to avoid a collision.

How and what could I have done differently, other than not being there, to avoid that accident? Am I expected to always assume the worst when nearing another vehicle and slow to a crawl so I can stop at a dime?\


Thanks all for any advice and info regarding this unfortunate incident.


Sir,

Depending on the agency it is usually policy for the "at fault" driver to be issued a citation. That being said, what the officer had to work with since he was not present to witness the traffic collision was the impact and subsequent damage he / she observed. So since the collision would have had the appearance of you striking him from behind, the minimum you would have been issued would have been the "failure to reduce speed to avoid collision" citation. That's not to say you are 100% at fault, but as you indicated you noticed the driver of the oter vehicle was "confused" but still closed the distance between your two respective vehicles, so your actions are at best, contributary.

Go to court, without any credible 3rd party witnesses there is a strong chance that the judge will dismiss the citation or otherwise reduce the $140 and 3 point punishment that comes with that citation.

What does the crash report say you did ( or didn't do ) ?

Laww,

Thank you, I wish the attending officer had told me what you said when she gave me the citation. Also, upon further inspection of my vehicle's damage, it looks like the other vehicle actually impacted me first, so my swerve to the left was sort of "successful" in that I avoided hitting him, but the other car continued their u-turn maneuver and still hit me.

mcsap,

I got the report yesterday and it simply states "V1 and V2 (me) were traveling in lane 1 of <street name>. V2 driver stated that V1 had his left turn signal on and then suddenly shifted into the right lane before making a U turn. V2 then collided with V1 in the intersection. Both drivers were issued citations."

That is not as accurate and descriptive as I had relayed to the officer. V1 changed to the right lane but continued to slow down to a crawling speed as if they were preparing to take the next right turn. That gave me the impression that I could continue in the left lane at speed. V1 doesn't attempt the u-turn until I was about 2 car lengths away from the intersection.

The report did not contain the other driver's statement or statements from the witnesses. Are those in a different report? Also, today I was able to contact one of the witnesses who saw the accident from behind us in the right lane. He corroborated my account of the incident. Unfortunately, he couldn't guarantee that he can take a day off work to testify at court for me. He is willing to sign a notarized affidavit but I don't know if that is acceptable in MD traffic court. I can subpoena him but I'd feel horrible for compelling him to go to court. That would probably make him a lot less likely to help anyone in the future.

Why don't you call the officer that took the report and KINDLY ask him to contact the witness you speak of as you feel there was an error made on the report ? Perhaps he would either amend the report or withdraw the cite.

I highly doubt it. After I was given the citation I asked the officer why I was cited and she dodged my question and said I can contest it in court. I asked what the citation was for and she dodged the question and said I can contest the ticket in court and that she believes both the other driver and I were equally at fault. I asked her what the witnesses said to her and she declared that she didn't have witnesses, that they were my witnesses so she could only go by her judgement. At that point she began to get agitated and accused me or arguing with her and that we could stand there all day and she wouldn't change her mind. Then I just shut-up. Let it be known that during the entire time I was respectful and never raised my voice and always addressed her as officer or ma'am. During the entire ordeal I did everything she asked for and never questioned or nagged her. My experience with her is why I am reluctant to call, lest she cite me for "badgering an officer" or something.

Update,

I did some research and the other driver only got an "improper turn at intersection" ticket. Unbelievable. What about reckless driving, failure to yield to traffic, or failure to control vehicle speed to avoid collision? Unbelievable. Where is the justice? This must be how people become postal.

Side,

The driver only got that citation because quite frankly, even based on your version of events it was all he did wrong.

Reckless Driving - Knowingly and PURPOSEFULLY driving with WILLFUL disregard for the safety of persons or property. It is extremely hard, if not impossible for an officer to be able to articulate that if he / she did not witness the act.

Failure to Yield - He was in front of you, ergo, he has not duty to yield to a vehicle behind him, regardless of its position in the roadway UNLESS it is an emergency vehicle acting in an emergency capacity, i.e. lights and sirens activated.

I know you are probably frustrated, but you have to take things like this with a grain of salt. The officer was just doing an evaluation based on the statements they received from BOTH parties and any witnesses to the incident.

Like I said earlier, just take it to court and it will most likely get dismissed, especially since the officer did not witness the collision and there was no death or serious bodily injury.

I hope this helps. Sometimes traffic laws can be frustrating, and alot of them are based on the interpretation of the particular law by that officer's knowledge, training and experience. Troopers tend to be a little more versed on traffic law since it is the majority of the rules that we enforce.

Update,

I did some research and the other driver only got an "improper turn at intersection" ticket. Unbelievable. What about reckless driving, failure to yield to traffic, or failure to control vehicle speed to avoid collision? Unbelievable. Where is the justice? This must be how people become postal.

While you may well have been given a ticket you didn't deserve , your reference to going postal over a TRAFFIC CITE has me questioning your " calm and respectful " manner. Normal people don't go postal over minor things.

Go to court , have photos of the entire scene and present what you did , why you did it and why you feel that you sholdn't be guilty of any offense...in a non-postal manner.

Thank you both for your time and advice.

mcsap,

I said "postal" as a figure of speech to vent frustration because I feel helpless being accused of something I know I didn't do. I'd never act that way towards the officer or anyone else, because I know she's just doing her job and it'd in no way help my case. This is my first accident and I just can't believe how unfairly events have transpired. Yeah, I know life is unfair and I just need to suck it up and move on. But, it's hard for me to understand how the other person isn't taking responsibility for his actions. He must know he did something wrong and almost killed an entire family yet he's going to deny responsibility so he can save himself from a higher insurance rate. Personally, if I had caused the accident I would have admitted it and took the financial hit. I'd feel horrible if I almost killed someone lest an entire family. I've always paid the speeding or parking tickets I've received without a fight because I know I committed those acts. Why can't everyone behave that way?

Thanks again.

Update:

Good news today. The other party's insurance finished their investigation and has agreed to pay for all damages and associated costs of the accident. I still have a court date for my citation, but with the other party admitting fault shouldn't my citation be a slam dunk dismissal? Especially since my state follows contributory negligence law. Should I bother contacting the issuing officer to see if they are willing to retract the citation?

Thanks

The other insurance company paying is a nice piece of info to have. The problem is you can't go in and testify that " the other company took full responsibility and paid for all of my damages " as that doesn't mean that you didn't commit a traffic offense. It should but it doesn't. AND , saying that could be considered heresay. As a Police Officer , I would object to anyone attempting to use heresay eveidence. It can't be verified. Maybe it is true and maybe it isn't.

Rather , a prudent person could inject that " I received a check for the full amount of damages to my car from the insurance company of Vehicle 1 " as that is a fact because YOU actually did get the payment. You can't state what someone else said in court unless they are there to back it up.

I already have a settlement offer letter from the insurance company and will make sure to take a copy of the check with me to court. Also, I checked the state's court website and found out the other driver never responded to their citation and their license is going to be suspended. Will that help me in my case as well?

Also, I checked the state's court website and found out the other driver never responded to their citation and their license is going to be suspended. Will that help me in my case as well?

No. Your citation is for your actions, irrespective of the other driver.

That sounds very reasonable and makes sense to me. However, doesn't the other driver not responding to his citation show him as irresponsible which could deem him as perhaps an irresponsible driver as well? And him being an irresponsible driver does have bearing on who may have caused the accident.

Now, on to something else a bit more confusing. How can the court possibly find me guilty if the other driver's insurance co is paying 100% of damages? Since MD is a contributory negligence state, the other insurance co is only legally required to compensate me if I am 0% at fault. I assume they are following the law and their pocket books so they must believe I was 0% at fault. If the court finds me guilty there would be a conflict as to who is really correct in their assessment of fault. Can I be 0% at fault and still be guilty of committing the infraction I was cited for?

Insurance is a civil matter of covering damages and is wholly separate from traffic court. Traffic court is not a place to argue whom caused the collision or is more responsible for it. You are there for your charge and yours alone.

My understanding was that outside of DUIs, hit and runs, and using a vehicle as a deadly weapon, most traffic infractions are a civil matter so the worst that can happen is you get fined and get points on your driving record.

I think court is the place to argue who caused and is responsible for the collision because the entire basis for my citation is that the LEO thinks I failed to control my vehicle to avoid the collision. I don't believe I caused the collision or failed to control my vehicle and nor does the other driver's insurance co otherwise they wouldn't be paying for my damages. If I couldn't argue that in court then what is the point of court?

You argue whatever you want. Don't get upset or frustrated when the magistrate brings you back on point again and again. You're there for YOUR actions. Following behind another vehicle, you need to leave enough room to safely stop in the event of an emergency. The fact the other driver committed a violation does not negate your responsibility to not hit them.

Good luck. Let us know how it turns out.

Thanks, I'll update after my court date in a few weeks. Btw, for clarification I was not following the other vehicle when they did the u-turn through my lane. They were in the right lane and I was in the left with no cars in front of me. Their insurance company looked at my car and determined that the other driver hit me while I was avoiding the abrupt u-turn. You're right in that if I was following too closely and directly behind the other driver then I would be partially at fault. Good thing their insurance company was able to look at my damage and determine I was not following behind their driver when the accident occurred otherwise I'd be SOL.

Finally had my day in court this week. I am pretty happy with the results. The judge called my name and I went up and stood before the defendant's table. I didn't have to enter a plea or speak at all. The judge simply asked the officer if anybody went to the hospital, if there was any evidence or witnesses to prove the state's case and the officer said no. Then the judge dismissed the case and I said "thank you your honor" and left with dismissal papers.

Now the question is, shouldn't the officer have known based on state laws or prior experience that the judge will dismiss my citation, if contested, for lack of evidence and witnesses? If so why even bother to issue the citation. Perhaps in the hope that I just pay the ticket willingly?

Finally had my day in court this week. I am pretty happy with the results. The judge called my name and I went up and stood before the defendant's table. I didn't have to enter a plea or speak at all. The judge simply asked the officer if anybody went to the hospital, if there was any evidence or witnesses to prove the state's case and the officer said no. Then the judge dismissed the case and I said "thank you your honor" and left with dismissal papers.

Now the question is, shouldn't the officer have known based on state laws or prior experience that the judge will dismiss my citation, if contested, for lack of evidence and witnesses? If so why even bother to issue the citation. Perhaps in the hope that I just pay the ticket willingly?

Seriously?

It makes no difference to me what may or may not happen to a ticket in court. The only question an officer needs to be able to answer prior to writing a ticket is, "Is there Probable Cause to believe that the suspect committed the violation in question?"

If the answer to that question is "yes," then an officer is perfectly fine in writing a citation even if the judge or prosecutor won't do anything with it. We take good cases to our Prosecutors all the time and they get refused for whatever reason... that doesn't mean we stop arresting people on good cases.

Your ticket got dismissed... I see no reason for you to try to further make yourself feel better by making the leap that the officer somehow acted improperly or "should have known better." He did his job. If you really think he somehow broke the law or illegally issued you a ticket, get a lawyer and sue him. But don't expect a board full of cops to agree with you that you should never have received a ticket in the first place and the officer should have known better than to write it.

After all, the only side of this story we have heard is yours.

-Citicop.

Finally had my day in court this week. I am pretty happy with the results. The judge called my name and I went up and stood before the defendant's table. I didn't have to enter a plea or speak at all. The judge simply asked the officer if anybody went to the hospital, if there was any evidence or witnesses to prove the state's case and the officer said no. Then the judge dismissed the case and I said "thank you your honor" and left with dismissal papers.

Now the question is, shouldn't the officer have known based on state laws or prior experience that the judge will dismiss my citation, if contested, for lack of evidence and witnesses? If so why even bother to issue the citation. Perhaps in the hope that I just pay the ticket willingly?

Based on state laws, you broke one and received a citation for it. Based on his experience, maybe he knew of other judges that would hammer your a** to a wall for it. Maybe only rotten luck on his part allowed you to have the judge you got.

Like Citicop said above, if we went off what we thought would happen in court, 1) we would barely ever do ANYTHING, and 2) we DEFINITELY would not be doing the job we were hired for.

The officer did nothing but his job. Be grateful you got a lax judge who just threw it out and not the hammer who would have sentenced you to the full extent of the law, and let it go.

Now the question is, shouldn't the officer have known based on state laws or prior experience that the judge will dismiss my citation, if contested, for lack of evidence and witnesses? If so why even bother to issue the citation.

Like one of my collegues said earlier in this thread, the officer' departmental policy may have required her to issue you the citation as the result of your actions leading up to the traffic accident.

I doubt it was her first day on the job. I'm sure she knew it would be dismissed, but she had PC and perhaps her hands were tied. Do you really believe that your type of situation was the first situation she's encountered and had to go to court on? Unlikely.

All I have to do when I issue a citation or make an arrest is that I do it legally and make a good case. What happens next it someone else's job and it's out of my hands.

Besides, she probably got 4 hours of OVERTIME just to appear in court at your (and the taxpayers) expense, so I'd welcome that to. At least she didn't get her percentage of the commission on you paying the ticket. :wink:

I don't deny that you guys bring up valid points as LEOs and it all sounds fair enough from the LEO's perspective. I'm just telling it from my view as a civilian and in my view a victim of a bad driver. As for whether I should have received the citation to start with I think if the LEO had examined the accident scene and the vehicle damages, then she wouldn't have cited me. Unfortunately, the LEO said she wasn't a specialist and wasn't trained to do an accident analysis and so cited me based on her judgement, which was news to me because I thought all LEOs would at least have basic training in that field. True or not I don't know, perhaps just not around here, and that's something for the city to fix. For instance, initially the other party's insurance denied my claim but once they examined the vehicle damages along with witness statements they agreed that I was not at fault and accepted my claim.

Anyhow, it's a moot point to beat a dead horse now. It hasn't been a fun experience but it was certainly very informative and I've learned a lot of useful information that I hopefully will never have to put to use again. Thanks for all the comments and answering my numerous questions.

FEW officers have accident training beyond the academy. But it isn't rocket science.

The bottom line is the the officer enforced the traffic laws , it doesn't matter if there was even a crash. Was there an indication that you ( or someone ) broke a traffic law ?


If I write you a ticket for blowing a red light with no crash or I write you for doing so and hitting someone , is there really any difference to what law was broken ?

FEW officers have accident training beyond the academy. But it isn't rocket science.

The bottom line is the the officer enforced the traffic laws , it doesn't matter if there was even a crash. Was there an indication that you ( or someone ) broke a traffic law ?


If I write you a ticket for blowing a red light with no crash or I write you for doing so and hitting someone , is there really any difference to what law was broken ?

mcsap

No I didn't break any traffic laws. I was simply driving straight in my left lane when a vehicle on the right lane decided to do a u-turn through my lane. I swerve left to avoid, other driver continue their turn and hits me in the front right. Result, he gets improper turn ticket and I get failure to control vehicle speed to avoid collision ticket. If the cop checked out the damage like the insurance company she would have seen I didn't hit the other car and not cited me. Even if I hit them I still shouldn't be cited since they basically jump in front of my lane.