QUESTION
Can I fight a neglegence driving in the 2nd degree?
Asked on Nov 05th, 2013 on Automobile Accidents - North Carolina
More details to this question:
I was driving the speed limit in a residential area when a guy dressed in a gorilla costume (it was Halloween) jumped right in front if my car. I swerved to avoid hitting him and in over corrected myself. It all happened so quick.. I ended up going right into a parked car. The airbags deployed and my car is now totaled. I was taken by ambulance to the hospital and found out my collarbone is broken completely in 2. I was given a $550 ticket for Negligence Driving in the second degree. The accident would not have happened if the guy didn't purposely run out in front of my car. I found out he is the one that called 911 and the police officer even said he talked to a guy in a gorilla suit, but no one else was fined. I am planning on contesting this ticket. Is it possible for me to get this dropped?
2 ANSWERS
Ronald A. Steinberg
Absolutely. The only problem could be that on Halloween, when so many children are out and about, driving the speed limit could still be too fast for conditions. But, fight the case. I will bet that the gorilla guy won't be there, and since the cop did not witness the accident, he cannot testify to anything except what he found when he got there. Any statements made by the gorilla guy are hearsay, and are not admissible in court.
Answered on Nov 11th, 2013 at 5:45 PM
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There is no such charge as negligence in the 2nd degree. Who you been talking to? The gorilla is the bad guy. Hire you a lawyer and put the blame on the gorillas.
Answered on Nov 11th, 2013 at 5:42 PM