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Followup To
Question -
I would like to know what are the basic measures that an expertise uses in a traffic report to claim that a person failed to yield?
Answer -
I am not sure about your question but I will address it as best as I can.
One of the things to consider would be the speeds of the vehicle that was supposed to yield. If it is relatively high for the condidtions it can point to the potential that this person did not yield.
Well, me and my husband were driving by a street that connected to a highway when we got to the corner we wait for a car that was coming then we were sure to make the right turn without any hazard since the next car that was coming was aproximately 150 yards from us so we made the right turn and we were about 40 and fifty yards far from the corner were we stopped to yield when we saw this guy right in our tailgate my husband was already in third gear, but he could not move to the right because another car was coming so when he tried to avoid the collision by moving to the left and let the guy that was behind us at least pass between us and the other car. he hit us so strong that made us flip over standing against the traffic were we were before all the other cars had the chance to stop,and did not hit us.therefore I immediately call 911 and thank god the police was there fast. my husband was so upset that i did not let him get out of the car. while i was trying to calm him I stayed at the car so we never got into words with the teenager but the car that was on our right side were his friends and they talk to the police. I was pretty sure that the expert will make a good judgement about What really happen but he released a report were he says that we failed to yield and it was our fault he based his results in the debris of the car that hit ours and never took into consideration the damage of our truck. the car that hit us was a honda crx and damaged the rear suspension and totally destroyed the rear end and the spare tire holder,so I would like to know what can i do to challenge this report? and if I can do it i will like to know at least how he prescribed such result if it was not any skid marks or at least a sign that he tried to brake?
it can show that the person approaching another vehicle was going too fast, and the person who normally would have to yeild could have made a turning movement had the other approaching driver been going the speed limit rather then speeding.
Measurements for the speeds of vehicles is from momentum calculations, skid marks from the vehicles, the air bag deployment box information, crush measurements or a good feel for the speeds of the vehicles based upon the amount of damage to the respective vehicles.
If you need something more specific, send me more information and I will address it.
AnswerIf I got your message straight, you turned right on a city street, and had proceeded approximately 120-150 feet from the intersection when the other car hit you in the rear.
If this is the case then I would have to know what the speed limit was for the street you turned onto. If you were already in third gear, you probably were already at 35-45 miles per hour? check with your husband to confirm what your speed was at this point and check the speed limit for the street you were on.
If it turns out that the other driver was driving in access of the speed limit, it can be argued that he was traveling too fast for conditions (in violation of the basic speed law) and should have slowed down for your vehicle. If this is the case, most states allow a person in a collsion to go to the jurisdiction that took the report and make an amendment to be added to the collision report.
If this is the case, you would be better served by making the ameded report and contacting your insurance company to make sure that they are aware of the correct information. So that the insurance company can fight any claim against you.
