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Who is at fault for a left turn accident going through a yellow light?
Anonymous2 views5 answers
I was going straight and as I approached the intersection the light changed yellow. It was too late a change to stop in time so I continued at my speed. As I just entered the intersection another vehichle from the oncoming direction went to make a left turn (right into the way of my vehicle). I hit the brakes, sounded horn, and turned right the best I could to avoid him but we still connected. There was significant damage done to both vehicles yet neither airbag deployed.
Generally speaking, a yellow light is still a favorable light to proceed on through an intersection, assuming you entered the intersection when it was still yellow. From your description, it sounds as though both your vehicle and the other vehicle were proceeding on a yellow light, but that you were travelling straight and would have had the right of way. The vehicle traveling in the opposite direction, but turning across the path of your vehicle, would be required to yield to you. On the other hand, the other driver may claim you entered the intersection after the light turned red. If that were the case, then the other driver sitting in the intersection waiting to make the left turn (after entering on a yellow) would have the right of way to complete his/her passage through the intersection once the light turned red. You should speak with a local attorney about this issue, especially if you suffered injury.
Generally, as you proceed through an intersection, you have the right of way in relation to oncoming vehicles who attempt to make a left. However, you should have an attorney review the police report to better ascertain.
www.GardenStateLaw.Com
It is conceivable that both of you could be charged and/or found guilty of a moving violation, or that neither of you are charged and/or found guilty of a moving violation. This is a very fact based situation, a "he said/she said" of sorts. If you are charged, you should certainly speak to an attorney about the best strategy to employ in your defense, as there seems to be a strong defense. My office is in East Windsor, I would be happy to speak with you if you would like. www.massar-kurs.com
As described you are not at fault. If you are in the intersection while it is amber you are obliged to clear the intersection and the other vehicle is obliged to make sure the intersection is clear before proceeding.
However, as a practical matter this willl probably be regarded as an accident where you are 50% at fault because you were traveling so fast you could not stop in time.
