Quote:
Originally Posted by Ammunition
(Post 2014208)
When I'm in that sort of situation I just pull out into the intersection while I'm waiting to turn - during rush hour traffic there is usually always 2 - 4 cars that run the light on yellow, but that way you can turn when the light goes red because at that point you're stuck in the intersection, and everyone waiting at it can see you at that point, and knows what you need to do - it isn't your fault if you're sitting there respecting the rules of the road, and waiting to make your turn and several asshats run the light instead of stopping.
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This is correct but to clarify: it is illegal to
enter an intersection on a red does not mean illegal to
be in an intersection in a red, in certain circumstances, that hopefully you can prove which I will try to explain. Also for the record, traffic in all directions do
not have the right of way just because it's green. You are only allowed to cross an intersection provided it is
safe to do so. Pedestrian jay walking is still breaking the law, but if you hit them, you're still at some fault.
Now on to your circumstance. It is illegal to
accelerate when you see a yellow. So if you can safely get
in to the intersection
without accelerating
before it turns red, you legally still have the right of way. So to summarize, if you can prove that other car entered the intersection
on a red, you should not be at fault, provided you did not falsify what you said about being
in the intersection on a yellow, assuming you mean yellow when you say amber.
FTR This is at least valid in the most congested city in America, Los Angeles. I can see that you're from Canada and I'm not aware of the differences in traffic laws, but the rules I stated are pretty fundamental to most driving situations. I study traffic signal timing for a living so I look at intersection accidents and left turn studies almost every day. Left turn accidents are almost ALWAYS at fault. Which is why I highly recommend a dash cam.
Someone in a FRS/BRZ group posted this and I got it immediately. Working flawlessly so far. Good price for a front
and rear cam imo.
http://www.ebay.com/itm/331268517813...%3AMEBIDX%3AIT
Quote:
Originally Posted by G-awesome
(Post 2014526)
Fighting it in court would be insanely difficult and expensive unless you can 100% prove that the car was speeding and/or blasted through a red light. Pinning 100% fault on the other driver would be near impossible so at most it would be 50-50 but it would still take a hit on your insurance. I'm guessing early in the morning, you couldn't get witnesses to corroborate with your story?
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True. Unless you have a dash cam or witness to prove the other driver entered the intersection at a red, this will be damn near impossible to prove based off word of mouth.
Quote:
Originally Posted by RFB
(Post 2014953)
A car waiting to turn left at a light, changes to amber, starts to turn, an oncoming car sees the amber speeds up to make it through the intersection and hits the car turning left in front of it ?
A common accident, the charge used to be called left turn fail to afford reasonable opportunity to avoid collision, now probably simplified to fail to yield, and the other driver charged with D.A.T.S. amber.
Both drivers were always charged and the judge picked one.
The judges were always pissed off because the cop couldn't figure out who was at fault and neither could the judge.
Turn not in safety is generally a catch all charge and was not meant to be used at A.T.S. intersections.
No matter how it happened, don't describe it on a public forum for the insurance co. to use against you.
Don't listen to legal advice from motorheads, get a traffic lawyer.
Beware of the POINTS guys, good deal makers, lousy courtroom lawyers .
CERBERUS
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Everything this guy just said.^ Especially the public forum and traffic lawyer. But if you've already been ruled at fault by the cop, very likely no lawyer will be willing to help you past the initial consultation. You're essentially asking a lawyer to waste their time trying to fight a losing case.
