Thursday, August 18, 2011

Am I at fault here ? Ticketed for improper backing?! Any help would be greatly appreciated?

I live in West Virginia and was in an accident recently in which i was backing out of my drive way which is only the length of a car plus about 2 feet and which i have to back out onto a two lane main street. Now the speed limit here is 25mph but right before the speed limit is 40mph, this is on a slight downward slope and no one seems to slow to 25mph and as i backed onto the street and became completely on the street a car traveling well over "30mph" struck me in the penger side (aka 'T-Bone'). Now the driver had about 200 feet to see me pull out. She was not in sight when i backed out but once i was completely out of my drive way i saw her approach with no signs of slowing i had so much time to see her coming i threw my car in drive to try and pull back in and also preparing for potential impact at which then i was hit. The question is, if a car supposedly traveling '25' mph and braking with 200 feet of sight to see me T-Bones causes my car to become totaled at 25mph and braking, come on, that would mean she would have approached my car at most at 15-20mph how could you total a car at that speed? I was found at fault for ''improper backing'' and the question remains, if i was completely out of my drive way was i not then a part of traffic therefore the other persons fault of "Failure To Maintain Control of Vehicle," and should i have been givin this ticket of improper backing or the other driver for failure to maintain control ??

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