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Had a perfect driving record for 30 years. I was in an accident where one of us ran a red light. She was DUS. Who Pays?
Anonymous6 views4 answers
We both have Farmer's insurance. Mine is PL/PD. A witness said he thought I ran the light. I remember seeing it turn green. I was going to get my wife and I a a sandwich at Brahams. No hurry. No distractions. Haven't had a ticket or accident in many years. Over 30 I suspect. I have a class A CDL and have always been a careful driver. .The witness said I went through the light... I believe she went through the light. It happened so fast the chain of events is hard to picture, but I specifically remember seeing the light turn green. Farmers has determined that I was at fault due to the statement of a witness. I am out my truck. Fact is... She Was
Driving Under Suspension. Had she obeyed the law this accident WOULD HAVE NEVER OCCURED. Input would be appreciated. Thanks
Her having a suspended license and your previous good driving record are not relevant or admissible facts in any trial on the liability question. Who the witness is, where they were, and what they could see and claim they saw are relevant facts. Unless you can prove the witness was not accurate or biased, you will have a difficult time proving the other person ran the red and not you.
It makes no difference whether you do or do not have a good driving record or the other driver is DUS. The only issue which matters is who ran the red light.
If you have a ticket from the wreck, you probably should plead not guilty and take it to trial to protect your driving record for the benefit of your CDL. If you are found guilty, you will get two points on your state driving record. By itself, that won’t jeopardize your CDL but if you were later to have the misfortune of getting another, it might jeopardize your CDL.
What I find happens often is that, if you plead not guilty and appear in court, often the other driver and, in this case, the independent witness don’t appear. If there is no witness who will testify you ran the red light, the charge will be dismissed or you will be found not guilty. If the officer tries to tell the court that someone else told him you ran the red light, object on the ground that the testimony is hearsay.
Sincerely,
Rex Travis
