Improper lane change

On June 13th at 11:30am I was driving toward the mall I passed were there was a SUV in the center of the turning lane (between the two yellow road lines where there are two white arrows on the ground to turn in either direction), as I approached traffic further I put my turning signals/blinker on checked all my mirrors and looked over my shoulder (checking my blind spot) …No cars were coming into the turning lane at that time. I proceeded pulling up behind the vehicle in the left lane and stopping in traffic at the red light (My driver side door to the front-end of my car had occupied that lane; across from the mall were there is a brake in the road to enter the turning lane, before the solid white lines in the turning lane began) with my vehicle.

(There was a vehicle in front of me in the second left turning lane, nothing on the left side or back of me, nothing was coming. In the lane to continue driving straight with the light there was a vehicle in the front and back and right side of me) …I looked at my clock on the dash board it said 11:35am. After being stopped in the left turning lane in lunch time traffic (on Saturday) for about 20-25 seconds the left turning lane signal (light) turned green, the cars in front of me proceeded with the light; before I could take my foot off the brake to proceed and follow the other cars with the left turning light (and put the tail-end of my vehicle in that lane) I could see a white car passing the trunk of my car and striking the side of my car (Scratching and denting and my driver side door to the front-end of my car which had already occupied that lane prior to the accident).The girl looks shocked…the boy in the back seat looked shocked and keep looking back. She proceed to drive against my vehicle again an driving stright in the left lane makin a wright going 4 lanes across traffic to the gas station, so I chased her to get her license plate number.

Careless operation

Any person operating a motor vehicle on the public roads of this state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless operation.

Added by Acts 1972, No. 567, §1; Acts 1992, No. 364, §1

(My guess is that the girl in the white car entered the lane further back crossing the solid yellow lines and riding down into the turning lane). The girl in the vehicle then stopped, I reached for my phone to call the police….the girl proceeded to drive up again dragging her vehicle against mine and stopping again. I struggled to reach for my phone behind the seat in my purse…the girl then took off in the left lane driving straight (while the left turning signal was green) and making a right in the left turning lane going four lanes across traffic ( against traffic) sending me on a chase to get her license plate number.

§231. Obedience to and required traffic-control devices

A. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this Chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.

§232. Traffic-control signals

Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection


Leaving the Scene of an Accident/Hit and Run

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When any kind of motor vehicle accident occurs, state traffic laws require the drivers involved to follow certain procedures immediately after the incident. In most states, the specific procedure that must be followed depends on whether the accident:

· Caused damage to property only (i.e. hitting a parked vehicle); or

· Caused injuries to others (i.e. another driver, a passenger, or a pedestrian); or

· Resulted in a person's death (i.e. another driver, a passenger, or a pedestrian).

Typically, state traffic laws require that any driver involved in an accident stop his or her vehicle as soon as it is safe to do so, and exchange identification and contact information with any other driver involved in the incident.

If a driver collides with an unattended vehicle or other stationary property, most states mandate that he or she make a reasonable effort to identify the property owner and alert them as to what happened by, for example:

· Taking down the vehicle's license number if a parked car is damaged, or

· Leaving a written notice at the scene (with the driver's identifying information) if other property is damaged.

She then pulled in a gas station (Which was on the opposite side of the street from the turnning lane; to your right would be the mall) after seeing me close on her bumper. Once we got into the gas station she got out the car (she had a dog in the front passenger seat and a boy in the back seat) and I asked her “do you have your insurance she said yes…I took out my insurance…”I replied: Would you like to call the police?”....She stated yes…”I said go ahead “(at this time I am extremely up set and waiting for the police to arrive); before the police arrive a man (her father) came and picked up the dog in her passenger side seat and left the scene.( I called my job to let them know I could not be coming in due to the accident, and my mother to let her know I had been involved in a car accident) When the police arrived he asked for our car insurance and registration and then he asked what happen…I said I was getting in the turning lane and….

The officer then put his hand up for me to be quiet before I could finish and asked me…were you in that lane of out the lane I said I was getting in that lane, but….he then put his hand up again…he then ask the girl.. What happen? She said” well what happen was…. He then said were you in that lane or out that lane…she stated I was already In that lane…he then asked how did you get to the gas station?…she stated there was nothing coming….I said well, what happen was…the officer then put his hand up again for me to be quiet…he went to his car pulled out a statement form and said fill this out, just tell me a brief description what happen…..

At the time I just wrote a brief description to the best up my ability ( I was not aware I had to right everything down because the officer said write a brief statement I thought he would let me tell my story after we finish with the form; I don’t feel I was in any condition to right a statement because I was in a rage I was extremely upset) it was extremely hot ( approximately 102 degrees) the officer had us standing writing on the car, I was extremely upset I could not even think straight because my car had just got wreaked…all I could think about was getting my car fixed, I was even more up-set because the officer would not let me explain my part of the story.

We each then turned in the papers and he told her she could go and wrote me a ticket for improper lane change (based on the information provided in the statement) and gave me a case card with a case number, and told me to call after 48 hours. (I though the officer would let me explain after we filled out the statement foam but he did not) I then had the office check on a previous case for me where I then told the officer I felt dizzy….he told me to walk to my car and get in it and sit down for a while….I remember taking 2 steps forward hitting my head on the police car door and passing out. When I became conscience I could feel someone putting something under my neck, (but my vision still had not came back)…and the ground felt extremely hot, the sun was beaming on my face…when my vision came back I didn’t see anyone around only my glasses had few to my right and my insurance book to my left…then I saw the officer coming out the gas station on my left side with a cup in his hand….I then began to try to get up…..the office told me to sit in the car and gave me a cup of ice once I got up…I waited about 15-20 min for the ambulance to arrive and check me out, and I was then released to go home.

My question is do you think I should fight the ticket( Im proper lane change)...I was actually in the right (I talked to several other people of the law who said go to court, because I was in the right) and my insurace would not fix my car if I don't fight the ticket because I pay for liablity, however I have the same insurace company as the other driver who hit my car. I spoke with a lawyer that wants to take the case....What am I looking at if the case is taken an I dont win....is it worth all the hassel.....I really want my car fixed.

What would I be looking at if I go to court and what possibilites do I have of getting my car fixed?

I have all documents: ambulance release forms, police report, pictures of the car, road and a 3D road map that I drew and this current statment...
I dont have a witness and neither do the other driver.

Louisiana state laws apply

I have read everything you posted, and obviously this is a somewhat complicated situation. You have definitely done your homework and have put in a lot of effort to prepare your case, which is great. My best suggestion as to the issue of your car damage would be for the attorney to take the case on a contingency fee contract. That way he would only get paid if you won your case. For the traffic case, you will be facing a major obstacle in the form of the officer's testimony and written report -- both of which will be given a great deal of credibility and weight in Court. The bottom line is that for this aspect of your case you need to speak with a criminal defense/traffic attorney. If you go to the WLD main page, you could get a referral for such a lawyer in your area. Hope it all works out for you. AJJ