Unsafe backing? Idaho

Yeah so you got railroaded at the scene becuase they were able to dominate the situation. You gots ta get a lawyer, girl. At least I would If I knew I didnt do anything wrong. Who knows, the cops could have even broken protocol somewhere along the way when they were gathering their information on scene.

 

Be very safe out there!! Always be aware of your surroundings, always be on the lookout for the other person or motorist or idiot, alot of times the latter applies Use your flashing lights anytime you are on the side of the road or at an accident scene, even still people don't pay attention, they are seriously distracted and glued to their cell phones not to mention they were a bad driver to begin with! Sad to say but alot of people get hit on the side of the road, breakdowns, and first responders.

 

Your honor, I dare say this is a kangaroo court! This is a PURE travesty of law and order! In fact, this woman should be THE ONE cited for her failure to maintain a vehicle, careless driving, and possibly speeding!! In fact, I am going to counter-sue for extreme mental distress and anguish! In fact, I need a chair to sit down in cuz all the sudden my back and neck are gravely hurting me ever since that accident!!

 

I was a witness to such a case about 20 years ago in Georgia. I won't call the Trooper a friend, but he and I have had coffee together and have spoken. I saw the accident and took note the Trucker did fail to back in. This is what that trooper told me. I have not researched this so the trooper might have blew smoke that day. He told me when a Truck is on ANY public road said driver is REQUIRED BY LAW to have a spotter while backing. This is because the driver is blinded and that spotter is their eyes. I don't know how that jives with what a City Cop once told me that ONLY a POST-certified Cop can direct traffic, but that is another matter. I would imagine if there is an accident the Cop will cite the driver if they were not following the law. They can also base this on the statements of the other driver. Hire an Attorney if you feel that cop was wrong. However, I think you are dead in the water on that backing!

 

Consult an attorney asap. If you attempt to fight this without one, you will be going into a gunfight with a knife.

 

You technically should not of backed out of the driveway.
With that being said the lady left her lane of travel and made contact with you in your lane.
The law states you must have your vehicle under control at all times.
She didn’t have her vehicle under control and should have been issued a ticket for imprudent speeds to conditions.
Because she made contact in your lane it’s her fault all day long.
Fight the ticket

 

I was thinking that same thing. However, I think there is a good chance once this hits court a Judge will split the cause 50 50. I have seen courts do this more than once. They can cite the driver for as you state it being out of control, then flip around and ding the OP for contributing to the accident. I do agree though if you take this to court DO NOT act Pro Se, hire an Attorney!

 

It is difficult to make a call on that lane question. How large was that tow truck? Was this a MAJOR state highway with wide lanes and a large shoulder, or one of those narrow as heck 2 lane roads that can be a royal PITA. Could be the OP was astride the center lane and not clearly in the lane. Even if they were it seems according to the OP that they were almost stopped in the road. " I was done backing out and was straighting out my wheels heading west bound" Cops can be funny when it comes to large vehicles. In the absence of photos of that highway, of the tow truck, I can't say for sure, but the OP might very well need an attorney even if they don't fight in court. The other driver might seek to have their vehicle repaired.