A few months ago I was charged with failure to yield from a private drive which lead to a car bang up. I was attempting to leave the drive way but my Vision was impaired due to a van that was parked 2 ft from the curb and 3 ft out of the parking spot blocking part of the drive way I was leaving. (have pictures) I attempted to leave the driveway 3 times inching out then stoping and repeating. On the third time I was stopped with my Noise just past the van ( about 2 ft out) when a car hit my front side Infront of the front tire. I was just wondering how my position on the matter was in court. The cop has sloppy notes and say that I hit him. There are other small things like skid marks Meaning he clearly saw me and the driveway was 50 m from a stop sign. The car was heading west and I was making a right turn as well. Due to this my insurances went up over 3k a year. Is this the right plan of attack for this case? Should I bring up road width, stop sign, and the skid marks ?
I would avoid bringing up the skid marks or trying to fault the other driver. The fact that there are skid marks does not shift blame. He saw a collision was imminent and jammed on his brakes, which is what any reasonable driver would do. In fact, it proves the opposite of what you want: You put your car into a situation where the other driver had to take aggressive action (locking the brakes up). You can produce skid marks at a remarkably low speed if you lock your brakes up, so being 50 metres or less from a stop sign doesn't help.
http://www.OntarioTicket.com OR http://www.OHTA.ca