Legal Advice Needed: Incident on way to NJMP

[andykurz]

I realize this is not a legal forum, but I am in a somewhat confusing situation, and am certainly confused. I appreciate any advice folks may have.

I was recently involved in an accident on the way to NJMP. I was passed by a lady who ultimately tried to exit the highway from the left lane, by way of a multiple lane change. While progressing to the exit, she came in front of me - hard on the brakes - and I hit her. There was slight damage to both vehicles.

I was given a crash report by the trooper on the scene (mailed for it a few days later). He drew diagrams explaining the situation, and the other driver was cited for NJ 39L4-88B - Failure to Maintain Lane. His police report writes:

"Investigation at the scene revealed that veh. #1 [her] was traveling south in the left lane on SH 55 in Deptford TWP. Veh. #2 [me] was traveling south in the right lane on SH 55 in Deptford Twp. Due to veh. #1 [her] unsafe lane change, veh. #2 [me] struck veh. #1 [her] rear bumper area with the front bumper and hood area."

Fast forward to last night:

I received a summons to appear in court in the mail. It appears that the other driver has filed a complaint accusing me of NJ 39: 4-97, careless driving. It is mandatory that I go to court (on a workday) in New Jersey. I live in PA.

1. I have never been in an accident before (except a bazillion times on the track!), and I have never been to court. I am scared / intimidated by the whole thing.
2. I assume she is trying to get ME cited for something so she can sue me later, or at least not be at fault in the accident [thus: me = scared]
3. I suppose I will just go to court with my pictures from the scene, and the police report. Would there be any other items to bring?

I am not sure what to do next. Should I get a lawyer? Is the trooper who wrote the report required to be there? If I need a lawyer, how do I find a good one and is it really expensive?

I have a police report in my favor, there were no other witnesses, and I have pictures of the damage on my truck. Any suggestions on what I can do would be GREATLY appreciated. I am very nervous about getting in trouble / sued / etc.

 

[tdelegram]

Any chance you have a group legal plan through work that you can tap into? If not I would recommend consulting a lawyer (I am not a lawyer, but I stayed at a Holiday Inn Express last night). I have many contacts in the ACBA (Bar association in Pittsburgh), I can get some recommendations if you would like, or wait for a local to chime in. You may also want to find someone closer to the court you will be appearing at, that way you wont have to pay them mileage or time traveling.

 

[z064life]

How is an individual trying to cite you with a driving infraction?

I would probably just show up and tell them what is the the accident report. Has her insurance paid for damages? If they haven't, or are fighting it, I'd consult a lawyer and get ready for the lawsuit. It isn't cheap, but you should be able to recover at least some of those expenses.

 

[rob92]

First off, I am NOT a lawyer, only someone who has been sued more times than I care to count.

If the situation/report is as you state, you arguably have little to fear. But you must assume that if this woman has taken the time to bring you to court, she's looking for some type of payment/compensation. I'd advise that you at least contact an attorney (one that is familiar with the municipality where the incident took place - familiar with prosecutor, court personalities, etc.). You may find that representation in a small matter like this could be hundreds of dollars. While paying out cash is never fun, it's tough to put a price tag on covering your a$$.

You do have the police report in your favor -and- the fact that she was cited, so this woman will need a really compelling argument (or compelling counsel) to convince a judge otherwise from what has already been documented.

Nothing to fear, you did nothing wrong. Other than having the unfortunate pleasure of running into a real douche-nugget of a human being.

Good luck.

 

[betarace]

I would contact your insurance company and notify them of an alleged claim, they may offer legal advice or represent you (ie themselves) under their defense

 

[matt2212]

NEVER go into a court room without an attorney.

It will cost you less in the long run and keep you from getting railroaded


Sent from my iPhone using Tapatalk

 

[D-Zum]

betarace;272707 wrote: I would contact your insurance company and notify them of an alleged claim, they may offer legal advice or represent you (ie themselves) under their defense

Yes. The Douch Nozzle is trying, for some reason, to come after you and your insurance company in this unethical manner. Since your insurance company has a stake in this..contact them. You may have the benefit of legal cousel at the hearing free of additional charges beyond your normal premiums.

 

[PJZOCC624]

Yup, get an attorney. +1 on employer/insurance company having legal representation available to you. +1 on a local attorney. You probably won't have to go to the court date if you have an attorney representing you.

Hell, countersue the hen for travel expenses, lost work time, and any other crap you can come up with. Bitch...

 

[Otto Man]

matt2212;272708 wrote: NEVER go into a court room without an attorney.

It will cost you less in the long run and keep you from getting railroaded


Sent from my iPhone using Tapatalk

Ditto. Lawyer up and go from there.

I'm surprised your mailbox hasn't been littered with attorneys already - I know every time my wife gets a speeding ticket, we get a ton of mail. :haha:

Good luck!

 

[andykurz]

Thanks everyone for the responses, it seems like I should be looking into a lawyer!

z064life;272703 wrote: How is an individual trying to cite you with a driving infraction? I know, I was really surprised when I opened the letter. "Wait, I am getting a ticket...from WHO??"

matt2212;272708 wrote: NEVER go into a court room without an attorney. That is what I was afraid of. I just don't want to get railroaded by some random lawyer either :doh:

PJZOCC624;272713 wrote: Hell, countersue the hen for travel expenses, lost work time, and any other crap you can come up with. Bitch...

Agreed, I will ask a lawyer. After the accident, I felt really bad for everyone involved, her and me. Now, I don't feel any sympathy at all! :argh:


Otto Man;272714 wrote: I'm surprised your mailbox hasn't been littered with attorneys already

One literally came right with the ticket. Both came last night. I'm sure there will be more. I'm just unsure of how to pick a lawyer, and I am afraid of getting on board with some random ambulance chaser.


I will start by contacting my insurance company. I am getting married this month and haven't gotten to that. Plus, my truck is still drive-able. So, I need to get busy. Thanks everyone!

 

[jtsgsxr6]

Should you go to court without a lawyer, do yourself a favor. Recount in your head, and even take notes, everything that happened in a linear fashion. Times, mile markers, vehicle specifics, incident specifics. Essentially you don't wont to be fumbling in your mind for details once you are on the stand. Have your story straight before you get there. Story changes and inconsistancies can be torn apart. The more prepared you are the more rational you are the more credible you are.

Also I am not a lawyer and this is not legal advice, blah blah disclaimer. But I have been to court more than once, infact just yesterday as a witness.

 

[zenpixel@yahoo.com]

this seems much bigger than it needs to be.
the woman received a ticket against her already?
the judge will probably laugh her out the house.

certainly alert your insurance co., but otherwise, I'd just show up (prepared) and see what happens.
tell the judge you missed work/had to drive/etc. I bet the woman will end up paying court costs and maybe
reimbursing you for your time.

relax.

 

[stkr]

All of the above Write down/study the sequence of events until you know them cold.

Make sure you stress the fact that you were in the proper lane, within the speed limit, and had your vehicle/trailer under control. When the lady "abruptly" changed lanes from the left to the exit off-ramp, she took away your safety zone, and reduced your following distance to an amount that prevented you from being able to safely control your vehicle and avoid the contact with her vehicle.

Something like that anyway. The attorney can better advise you. You had control, she took actions that caused the accident.

Questions to think about:
1. What exits are before/after the accident location? How far apart?

2. Is she from the local area? If so, then she probably knows the exits and how far apart they are. Was she impatient, and just didn't want to go to the next one?

3. Can you have her driving record checked for other moving violations? Repeat offender?

4. Was she on the phone? Subpeona her cell phone records, and compare her calls/texts to the time of the accident. Verify any time offsets.

5. The officer usually has to be present as the State's witness, but if SHE is suing you, then you may have to subpeona the Officer as YOUR witness.

6. Does the State has any highway traffic cameras covering that location?

Good luck!

 

[stkr]

If you need more time, then contact the court and find out what is required for you to file a "continuance". Also, find out how to file for discovery (get a copy of HER evidence).

If you make it a pain in the ass for her, she might drop the whole thing.

 

[Pseudolus]

+1000 to not entering a court without a lawyer. I too am confused though at how an individual can summons you for a traffic offense. I'm not a lawyer but been to court many times...

The legal fees were always well worth it. At least get a free consultation. http://attorney.motorists.org/new%20jersey/

And I wish herpes on your accuser!

 

[andykurz]

UPDATE:

First, thanks everyone for the suggestions. I am always amazed by NESBA people.

1. I filed claim with her insurance company. I get an estimate tomorrow AM. They usually accept liability / responsibility within a few days.
2. I contacted a lawyer located about a mile from the court (Thanks Pseudolus!). Flat fee of $300 and, I might not have to go to court (they can appear on my behalf). So I have to decide whether it is worth $300 to be represented.
3. Any countersuit by me for fees, loss of work time, etc. has to be handled separately in civil court. This is municipal court.
4. For anyone who doesn't believe that ANY private citizen can drag you to court for ANY reason, I've posted the summons below. They can, it looks like this!
https://docs.google.com/file/d/0BzdpQRphhxmxVTYyY0RibE1JLVU/edit?usp=sharing
I've redacted my information because internet, I seem to have forgotten to redact hers.

The plus side is, I am learning a lot!

Thanks again.
Andy

 

[matt2212]

$300 is a no brainer

 

[noobinacan]

what a c***
talk to Local lawyer....and get him to talk to the trooper and see if he can get the trooper to show up at the date.
given his report, he will state the facts.

Once he does that, it is game over for her.
then sue her for wasting court time, your time and cost of lawyer etc.

spend the $300 and see get the lawyer to get the $$$ out of her for you.
The Judge will ask her to pay for expenses etc...not sure how PA works though.

 

[Ducti Jockey]

I realize this is not a legal forum, but I am in a somewhat confusing situation, and am certainly confused. I appreciate any advice folks may have.

I was recently involved in an accident on the way to NJMP. I was passed by a lady who ultimately tried to exit the highway from the left lane, by way of a multiple lane change. While progressing to the exit, she came in front of me - hard on the brakes - and I hit her. There was slight damage to both vehicles.

I was given a crash report by the trooper on the scene (mailed for it a few days later). He drew diagrams explaining the situation, and the other driver was cited for NJ 39L4-88B - Failure to Maintain Lane. His police report writes:

"Investigation at the scene revealed that veh. #1 [her] was traveling south in the left lane on SH 55 in Deptford TWP. Veh. #2 [me] was traveling south in the right lane on SH 55 in Deptford Twp. Due to veh. #1 [her] unsafe lane change, veh. #2 [me] struck veh. #1 [her] rear bumper area with the front bumper and hood area."

Fast forward to last night:

I received a summons to appear in court in the mail. It appears that the other driver has filed a complaint accusing me of NJ 39: 4-97, careless driving. It is mandatory that I go to court (on a workday) in New Jersey. I live in PA.

1. I have never been in an accident before (except a bazillion times on the track!), and I have never been to court. I am scared / intimidated by the whole thing.
2. I assume she is trying to get ME cited for something so she can sue me later, or at least not be at fault in the accident [thus: me = scared]
3. I suppose I will just go to court with my pictures from the scene, and the police report. Would there be any other items to bring?

I am not sure what to do next. Should I get a lawyer? Is the trooper who wrote the report required to be there? If I need a lawyer, how do I find a good one and is it really expensive?

I have a police report in my favor, there were no other witnesses, and I have pictures of the damage on my truck. Any suggestions on what I can do would be GREATLY appreciated. I am very nervous about getting in trouble / sued / etc.[/QUOTE/]

Andy, the trooper likely filed a citation on your behalf under "filed on information received" and needs your testimony to substantiate the offense. PM me for further. I live in Drexel Hill.

 

[kubricky]

Likely this has all been said before, but: 1. the insurance company will likely file this as a "no fault" which makes it VERY difficult to get civil actions later. 2. whomever said have a lawyer is correct. It is an unfortunate situation but the litigious nature of our society has made it imperative. Ultimately you are placing some accountability with the judge and your hired counsel. I would speak with a lawyer, give a retainer, and ask that they accompany you. 3. Ask your lawyer to summon the PO which issued the other driver the citation.

Ultimately the really basic and really simple truth here is that you are being accused of a traffic violation by another driver. This can happen daily and all over the world, but it is frivolous, in this case you are exactly right, but the fact that there are competing citations make this a no fault so you could ultimately file a counter-suit BUT it is easier to bring the report, notice of citation given to her, and the PO. He can help the judge to understand that there may not be a speed you were traveling if an irate and impatient driver tried to pass you then made an improper lane change/exit to leave the freeway but in the process acted carelessly ("excessive drop in speed on a main thoroughfare to maintain control in a dangerous situation caused by driver error") causing you to come in contact - the fact that you AND SHE sustained minor damage is a testament to the fact that you had situational awareness and were in control of your vehicle.