unsafe backing law

[Tuesday]

My husband lives in NY and was backing out of a parking spot on Fort Drum in New York State (military base) when a car slammed into him leaving 15 ft skid marks. The Military Police gave my husband a ticket for unsafe backing (a State Law). She told him she didnt care to talk to his witnesses because it didnt matter how fast the other guy was going it was still my husband's fault. The other guy also had his wife with him in the car but my husband had 2 witnesses that saw the guy slam into my husbands truck. Can my husband do anything about this ticket and can he do something about the guy who hit him besides have him fix the vehicle we own.

 

[lawrat]

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

If it is more about the principle than the cost, then I say hire a lawyer to fight the ticket and argue that the fault was the other driver's, not your father's.


But see, it is kind of like this: when someone changes lanes and the driver of the other car was going really fast and winds up hitting the car that just changed lanes, the person at fault is the person who made the land change.

 

[Police_Retired]

The first thing, make sure he get a copy of the accident report. My question to you is, did the other driver get a ticket.The police officer job is to write down any witness information. Note: Some police officer are not traffic investigators, they write it as they see it. They reason he said your husband was at fault is because, he fell that your husband struck the other vehicle first. If the officer refused to take any witness statements, call Internal Affairs.

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This is my opinion. These is not legal advice. If you need further assistance email aaronj@prepaidlegal.com