As stated in a previous post, I was involved in an auto accident this past Friday. Someone pulled in front of me as I was going past them, and I was cited for ACDA. When the cops showed up they said that because there were no witnesses to the accident, it was my word against the other guys and he said he didn't remember changing lanes, and because I had frontal damage and the other guy had rear damage, they had to cite me for ACDA. After this occured, my insurance company contacted both of us for recorded statements, and I found out the other guy told my insurance company that he did pull into the lane in front of me but didn't see me. The insurance company is still faulting me for ACDA as well.
My question is where I can find the definition for ACDA, and where I can find the CTC publication for 2133.03 (A). I am seriously considering taking this to traffic court, because from what I've read, ACDA is related to the point in time, ensuring there is nothing ahead of you that you couldn't keep from hitting at your speed for the current road conditions. If someone pulls directly in front of you, it seems you can't be held responsible for ACDA, as a prudent person is not expected to be able to read someone elses mind in that situation, and the other driver should be cited for changing lanes without assuring they are clear or something along that line. Being able to see what the Ohio laws say will determine whether I pursue this at all.
Hopefully my insurance company will release a transcript of the other drivers statement to me, because that should demonstrate that he had lied to the cops. I think that, plus pictures of the damage to my car showing how the vehicles impacted, should be enough to have the ACDA ticket thrown out.
The only other thing was that this occured in the shoulder lane, which the cop told me was considered an illegal lane. Going east on Polaris Pkwy at S. Old State Rd, when the light is red and traffic backs up, it's routine in the morning for people turning right (South) to put on the turn signal, ease into the shoulder lane (which is as wide as the shoulder lane in the opposite direction, that has a designated turn lane marked), and drive down to the light and turn. This is what I was doing, and what the other driver told my insurance company he was doing. I know the cop told me that if I take this to traffic court the judge would not only find against me on the ACDA, but he could also fine me for being in that lane. I'm not saying that I wasn't wrong for driving in that lane at this point, but what does that do to this?
Thanks for any help you can give me on this.