failure to yield right of way

[dotsun]

Washington state
I was in an accident, and was cited for failure to yield right of way. Is it possible to reasonably contest this ticket on the grounds that visibility is so severely limited at this intersection that it is not possible to determine if there is any approaching traffic? And when traffic is determined to be approaching its too late to get out of the way. When I started my turn the intersection was clear, but when the car that hit me blasted around the corner it was not possible to avoid the accident. By the time you can see a car comming, there is no time to react, especially if the oncomming car is going too fast. I read the statute for the state of WA on this and I cannot see how one can yield to approaching traffic if you can't reasonably and safely determine there is any. Even the officer said it was a bad intersection. I don't think this accident was entirely my fault. The approaching traffic has a better view, and could see me before I could see him. I know WA has a "due care" statute and expects drivers to slow and approach with caution, among others, curves, intersections railroad crossings. Can I reasonably contest this, or am I automatically at fault because there was an accident?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I think you should contest it. You should bring pictures that show how bad it is (take pictures from each angle -- your point and the car you hit's point of view). Take pictures in light and heavy traffic. If you can get a statement from the cop (signed and notarized or on police letterhead) you have a pretty good shot at getting this off of your record.

Hope this helps.