Colorado Traffic Court
#1
Colorado Traffic Court
So...... One day about six weeks ago I was backing out of my driveway, nobody coming in either direction, backed out and "thunk". I'd hit something. I'd hit my opposite neighbor who was also backing out of their driveway. It was their eighteen year old kid. There was very little damage to either vehicle, a dent in mine and a small scrape to theirs. However it's noticeable.
Prior to backing out their car was in the driveway.
So, as we were exchanging insurance information (it was the mothers car and she had been present) and were going to leave the "scene" the father of the eighteen year old kid runs across the street and demands the cops be called. He has been speaking to the woman who lives next door to him and she says it's all my fault. Prior to his everything had been cordial and nobody was accepting responsibility.
So I wait. And then I finally call the cops because it seems to be taking forever and you can't leave the scene of an accident. The dispatch person says that someone is on their way and asks me if the other party is threatening me. I tell them no, other than the father of the kid is adamant they come And the dispatch person says "yes because unless someone is injured there is no reason for us to come. They don't need to do this so it isn't a priority. Just be patient and wait"
So I get a ticket for "illegal backing". The cop didn't talk to me at all, other than to have me sign some forms that I would appear in court. He did spend a lot of time with the witness.
I get to court and meet with the DA who says "uh well any time the cops are called to an accident they have to give someone a ticket". He tells me to plead guilty to a broken windshield which is a $50 fine and no points on my license, so of course I accept.
I did ask him what the witness statement said and some of it was word for word what was repeated to me from the father of the eighteen year old kid. As he was reading the witness statement he began to say "Nya nya nya you can just hear her, cant you?" Which was odd.
I'm not quite sure why I'm posting this other to say that in 22 years of driving in any country I have never been to traffic court. I didn't know they plea bargained traffic court. And I didn't realize the experience would be so weird.
Prior to backing out their car was in the driveway.
So, as we were exchanging insurance information (it was the mothers car and she had been present) and were going to leave the "scene" the father of the eighteen year old kid runs across the street and demands the cops be called. He has been speaking to the woman who lives next door to him and she says it's all my fault. Prior to his everything had been cordial and nobody was accepting responsibility.
So I wait. And then I finally call the cops because it seems to be taking forever and you can't leave the scene of an accident. The dispatch person says that someone is on their way and asks me if the other party is threatening me. I tell them no, other than the father of the kid is adamant they come And the dispatch person says "yes because unless someone is injured there is no reason for us to come. They don't need to do this so it isn't a priority. Just be patient and wait"
So I get a ticket for "illegal backing". The cop didn't talk to me at all, other than to have me sign some forms that I would appear in court. He did spend a lot of time with the witness.
I get to court and meet with the DA who says "uh well any time the cops are called to an accident they have to give someone a ticket". He tells me to plead guilty to a broken windshield which is a $50 fine and no points on my license, so of course I accept.
I did ask him what the witness statement said and some of it was word for word what was repeated to me from the father of the eighteen year old kid. As he was reading the witness statement he began to say "Nya nya nya you can just hear her, cant you?" Which was odd.
I'm not quite sure why I'm posting this other to say that in 22 years of driving in any country I have never been to traffic court. I didn't know they plea bargained traffic court. And I didn't realize the experience would be so weird.
#2
Account Closed
Joined: Jan 2006
Posts: 0
Re: Colorado Traffic Court
I've only ever been involved in car accident in California, but they certainly don't do the if the cops are called someone must get a ticket thing. I was involved in 1 accident there, at fault but the cops didn't ticket me for anything, something about if they didn't witness it, they can't ticket or something of that nature. ( I apparently ran a red light, although I don't recall seeing a red light)
Never had to go to court though since no ticket was issued and no charges filed.
The situation you describe sounds most bizarre though. I know around here in such a minor accident, the cops would not come at all, they won't waste time on minor accidents with no injury and minimal damage.
Never had to go to court though since no ticket was issued and no charges filed.
The situation you describe sounds most bizarre though. I know around here in such a minor accident, the cops would not come at all, they won't waste time on minor accidents with no injury and minimal damage.
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: Colorado Traffic Court
They do not have to give a ticket.
#5
Re: Colorado Traffic Court
Maybe you could get mirrors fitted to your car?
Based on your description it appears to be an observable fact that you were not using your mirrors. You should be thankful that it was the family's older teenager in a car, not their toddler who ran into the road, that you backed into.
Based on your description it appears to be an observable fact that you were not using your mirrors. You should be thankful that it was the family's older teenager in a car, not their toddler who ran into the road, that you backed into.
#6
Re: Colorado Traffic Court
What a ridunculous thing to say, P!
If BOTH parties are backing out of their driveway and they clunk in the middle, how can it be anything BUT the fault of both drivers?
If BOTH parties are backing out of their driveway and they clunk in the middle, how can it be anything BUT the fault of both drivers?
#7
Re: Colorado Traffic Court
I would guess based on the description that the OP backed into the corner/ side of the other vehicle as it was a little further advanced. But in any case what is described very obviously states that she was not using her mirrors effectively. That the other driver also wasn't doesn't excuse her not doing so either, so as I said, she is dämn lucky it was a neighbour's child she backed over.
Last edited by Pulaski; Dec 20th 2014 at 4:28 pm.
#8
Re: Colorado Traffic Court
Oh excuse me. I must've had a brain fart.
I forgot for a moment that you were perfect!
I forgot for a moment that you were perfect!
#9
Re: Colorado Traffic Court
X Just found a typo.
Last edited by Pulaski; Dec 20th 2014 at 4:34 pm.
#10
Account Closed
Joined: Oct 2003
Posts: 0
Re: Colorado Traffic Court
Agreed, both drivers could be at fault. I experience a very similar scenario fairly often in parking lots, when I am backing out of a space at the same time as someone else also backing out. But as I am using my mirrors I the vehicle, and see the reversing lights and act accordingly. Either stopping to let them go first, or if I am already further advanced in my manoeuvre a quick toot on the horn to alert them.
I would guess based on the description that the OP backed into the corner/ side of the other vehicle as it was a little further advanced. But in any case what is described very obviously states that she was not using her mirrors effectively. That the other driver also wasn't doesn't excuse her not doing so either, so as I said, she is dämn lucky it was a neighbour's child she backed over.
I would guess based on the description that the OP backed into the corner/ side of the other vehicle as it was a little further advanced. But in any case what is described very obviously states that she was not using her mirrors effectively. That the other driver also wasn't doesn't excuse her not doing so either, so as I said, she is dämn lucky it was a neighbour's child she backed over.
#13
BE Forum Addict
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
Re: Colorado Traffic Court
Mirrors aren't much good if the driveways both slope anything more than moderately. Same for rear view cameras.
#14
Account Closed
Joined: Oct 2003
Posts: 0
Re: Colorado Traffic Court
The clue here is "18year old driver".
Daddy didn't want anything on the insurance that would up the liability, hence the reason he called the cops and suddenly produced another neighbor as a witness to say Mrs D was at fault.
Well that would be my take on the situation
Daddy didn't want anything on the insurance that would up the liability, hence the reason he called the cops and suddenly produced another neighbor as a witness to say Mrs D was at fault.
Well that would be my take on the situation