Friday, November 7, 2008

It Could Be Worse

At 7:45 a.m. this morning I heard a knocking at my door. I was puzzled because no one besides maintenance knocks, and so I answered the door in my pajamas to discover it was...the cop from yesterday who gave me the accident info sheet and promised to call me. Calling and showing up to my apartment is completely different.

Anyways, he said that "since Colorado is no longer a no fault state, they have to find someone at fault, and they believe I was at fault." Therefore, they issued me a summons to court, along with a 3 point ticket for "failure to yield on a left hand turn." My court date is December 16, more than a month away. Part of me wishes it was sooner so that while all the details are fresh in my head. My reaction to this news was of course crying, and asking the officer a billion and one questions, which he answered until I had no more to ask. He said I could bring someone with me to court, and that most likely what will happen is that I will meet with the prosecutor and basically plead guilty, and then he will make a recommendation to the judge, who will issue the final decision. I do have the right to take it to a juried trial with people or without the people and just the judge. He also said that they will take into account my driving record, which had nothing on it, not even a ticket. He said in this case because this was an accident, I have to appear in court, and I can't receive a plea bargain in the mail.

He also said that the girl went and got a catscan and was unconscious and confused as to where she was at one point, but they said the catscan revealed nothing, and she was released. Also, the officer told me she was riding in lane 2, which clearly implies she was NOT on the sidewalk. She doesn't have to appear in court though.

I did talk with my insurance agent, and he said nothing will be paid out as far as her medical bills because they officially have not come to a conclusion as to who was at fault. If they do find I am guilty, then my insurance will deal with it.

In reality, I'm guessing that's what will end up happening, and I'm sure my insurance rate will go up, but I won't know for sure. Part of me feels scared to go to court, because I'm not a criminal, it was an accident, and I don't want to get in trouble. But the other part of me is hella pissed, and ready to fight for my side of the story and ready to defend myself. I have asked my mother to come with me, partially for moral support, but also because she is very versed in the court system stuff, and Colorado laws. No, she's not a lawyer, but she's had to deal with my 19-yr-old brother losing his license and getting in accidents, so she's familiar with the process. At least everyone is okay, and at least I have a chance to reduce the ticket. And I think I might even be able to sleep tonight. S says that situations like these give you a chance to prove what kind of person you are; I agree. I think I am in the right to be freaked out and upset at this moment, but I know come court day, I'll be a poised, eloquent, adult.

p.s. One thing my insurance agent made me feel better about was that technically they don't have any proof of me failing to yield, so how can they prove me guilty without proof? The black SUV lady was just turning the corner down the street, so she only saw the aftermath.
p.p.s. A co-worker suggested I take pictures of my point of vision from where the accident happened, to prove that the trees which line the sidewalk could've obstructed my vision. At this point, I'm willing to consider anything that will help my defense.

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