who is liable in this accident?
Okay, my girlfriend was in an accident this past weekend, and the cop blamed her.
I won?t tell you which car is hers, so you can be unbiased. I will eventually tell you which is which. Please discuss what car you think is liable and why. Please provide any laws or anything that can help. I am from Texas, but most laws are the same.
This takes place at a stoplight on a 4 lane street, 2 lanes going north and 2 going south.
The light has turned green and there is no green left-turn signal. A tan car is going to turn left onto another street, but can not because there is traffic coming from the other direction. So the car waits out in the street until the traffic is clear.
The light turns yellow. The tan car has to get out of the lane, so they turn left.
Just then a white truck comes through the light going the opposite way and hits the tan car.
The light was yellow when the truck came through, then it turned red during the wreck.
The tan car had turned just in front of the white truck, but had to get out of the lane.
The white truck had its front damaged, and the back and side of the tan car was damaged.
Which car was liable and why????
(let me know if this doesn't make sense)
dxp
I won?t tell you which car is hers, so you can be unbiased. I will eventually tell you which is which. Please discuss what car you think is liable and why. Please provide any laws or anything that can help. I am from Texas, but most laws are the same.
This takes place at a stoplight on a 4 lane street, 2 lanes going north and 2 going south.
The light has turned green and there is no green left-turn signal. A tan car is going to turn left onto another street, but can not because there is traffic coming from the other direction. So the car waits out in the street until the traffic is clear.
The light turns yellow. The tan car has to get out of the lane, so they turn left.
Just then a white truck comes through the light going the opposite way and hits the tan car.
The light was yellow when the truck came through, then it turned red during the wreck.
The tan car had turned just in front of the white truck, but had to get out of the lane.
The white truck had its front damaged, and the back and side of the tan car was damaged.
Which car was liable and why????
(let me know if this doesn't make sense)
dxp
Comments
But good luck proving any of it. The left turning car has to WAIT untill there are no cars coming, period. It may not be your fault technically, if they other guy was speeding, or decided to "make the light" at the last minute. But like I said, it's virtually impossible to prove.
When ALL lights are red, you then have a window to clear the intersection if you could not do so before the yellow expired.
In my state ( NY ), it is NOT illegal to go into the intersection while waiting for an opportunity to turn left. This is because there is so much traffic and no left turn signals at some intersections. No one would be able to turn left if they didn't do it when the light is yellow or just turned red.
BTW, Matsu is right, it is obvious your girlfriend was in the tan car from the way you slanted your first message.
<strong>I don't know how it is in your state but in NC it's illegal to roll into the intersection prior to turning. You've got to wait at the stop line until you can safely get out of the intersection.</strong><hr></blockquote>
[quote]Originally posted by MasterZeus:
<strong>In my state ( NY ), it is NOT illegal to go into the intersection while waiting for an opportunity to turn left. </strong><hr></blockquote>
I'm interested in this - I always thought you were supposed to go 1/3 of the way into the intersection when turning left. Maybe it just varies by state. Anyone got any links about this?
The tan car due to it entering the intersection before it was clear (when the light was green) and turning on a caution (yellow).
You see that white line that you are supposed to stop at?
Well, you don't cross it until you are going to complete your turn.
(want to know why I know? Former police officer here)
I bet that it is illegal in NY too, they just don't enforce it. Surprised there isn't a big lawsuit yet...
and yeah, I agree..she's in the tan car.
It can't be right that you do not enter the intersection at all. Well, it can be the law, but it needs a little attention because there are plenty of intersections where a left turn is a virtual impossibility otherwise.
[ 08-15-2002: Message edited by: Matsu ]</p>
But we now have a cop telling us that's wrong, so...
I'd give a 75% the fault of the truck and 25% fault of the tan car.
The damage to the tan car was towards the back, indicating that the truck had ample time to evaluate the situation and stop (or otherwise avoid the collision), but didn't.
If the damage was on the front of the tan car, 100% tan car driver's fault.
Next case!
(Someone move this to AO)
[ 08-15-2002: Message edited by: groverat ]</p>
There are intersections I know that don't have turn lights, and only 3-4 cars get to turn at each light change. This is because when the light turns green, the first couple of cars go out into the intersection to wait for a spot. MAYBE one gets to go, but that's it... you're basically sitting there waiting for a yellow. Then 2 or 3 cars get to go through AFTER ALL ONCOMING TRAFFIC HAS STOPPED.
If no one left the stop line to get out in the intersection, and no one went through on the yellow, they'd be sitting there until traffic slowed down at 6pm.
Your girlfriend normally should have been able to turn towards the end of that yellow, but she also should be watching the oncoming traffic. I don't know how you'd prove just how late the truck was running the light, etc. There were probably lots of witnesses, but since this thing happened in seconds, they'll all be conflicting, no doubt.
Just be glad she's alive, dude.
Oh, and I'm moving this to AppleOutsider.
Click <a href="http://forums.appleinsider.com/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=6&t=001828"; target="_blank">here</a> to go to the moved thread.
[ 08-15-2002: Message edited by: murbot ]</p>