Got into my first major car accident

Wow that is a HUGE intersection! I'm really surprised the left turns are not protected.

Someone I know got into the same kind of accident in Colorado, he was the left-turner. It was his fault, even though the other party was screaming through the yellow-light intersection (speeding) to beat the red light and t-boned him. The way it was explained was a simple rule of thumb:

As long as the vehicle passing straight through the intersection does not run a red light (vehicle must enter the intersection before light turns red), an accident with a vehicle turning left is always the left-turner's fault.

It actually makes a lot of sense. Let's say the lights are green - everyone has a right to freely pass through the intersection except for the left turner - who must wait until it is safe to clear oncoming traffic. Just because the light turned yellow does not mean that this rule changes. A yellow light does not takeaway the right for oncoming traffic to pass straight-through the intersection. Nor does it change the responsibility of a left-turner to wait until it's safe to make a turn (yellow does not mean GO for anyone!) If oncoming traffic runs their red light, then it's a totally different story.

Here's another way to look at it, when have you ever heard someone being assigned fault in an accident "because they ran a yellow light?" I certainly have never. There is simply no such thing as running a yellow light - because it's NOT illegal!

 

That is a HUGE intersection. You might even want to check with police or your insurance company about the accident rate there. If it is high it should clue in the local officials to do turn lights as opposed to a free for all. You could put like a hundred cars in there parked side by side.

All I had to do was mention the ramp where I had my accident a few years ago and the insurance agent was like "yeah I know that one, it's bad"

 

which insurance company? if i were you, i'd take it to the other party's insurance and make them pay for it, they'll have to pay ALL of it. I assume your talking about your own insurance company with a deductible. . . looking at the picture, i can't imagine you were the one at fault, make sure you don't take the fall, because if you do, your insurance premium will jump up.

 

i'm sorry, let me clarify that, if it is established that you weren't at faut, it doesn't matter which ins company u use to fix ur car . . . its just that if u aren't at fault, the oth party ins company has to pay for all of with no deductible for u to pay out of pocket.

 

the diagram is an approximation of where the accident happened. For example, if she was first through the intersection and u hit her, then her damage would probably be to her right of the vehicle and your front bumper. If she turned in to you, the damage would probably be to your left side and her left front. obviously, evasive maneuvers may alter this but you get the idea, that's basically how the police at the scene try to use to figure out who's at fault.
I hate to say this but if the police report says your at fault, you're really behind the 8 ball so to speak. as opposed to proving the other party's at fault, you will now have to PROVE that you WEREN't at fault. I hope that makes sense. A lot of lawyers won't take cases on a contingency fee basis if the PR says that person is at fault. the PR makes things a lot easier or harder.
If you need to get ur car fixed immediately, have your own insurance take care of it, pay your deductible, and get your car fixed. Hopefully liability is cleared and the other party admits fault. The case will then be assigned a subrogation adjuster. The subrogation adjuster works for your insurance, and is in charge for all expenses your insurance company paid for you when the OP insuracne should've paid for it. The OP insurance should also reimburse the deductible you paid to get it fixed in the first place. The reason I say go thru the OP first is simply becuase it makes thigns a lot easier. I hope this helps. Obviously, there are a lot of details and intricacies that i'm not getting in to, just trying to give u the big picture.

 

I try to stop for yellow lights. Drivers behind me often object with their horns. I often respond to the light first, check in my mirror afterward. I fear that one of these days, one of them is going to try to stop his car ontop of mine.

 

If I'm stuck in an intersection turning left at times like that,
I'm always *very* careful to check what's oncoming before actually
making the turn. Especially if there are two opposing lanes, where
a fast-moving car in the right side of that set can hide behind one
that's slower or stopped in the left side of that set. My dad got
nailed that way years ago -- he tried to zip around another car
turning left, and a lady in a huge station turning left from the
*other* side punched it at the wrong time and plowed into his left
side *as* he was sailing past. Not even in front of him, i.e. if
she had waited an extra half-second he would have been past her.
.
This is a really evil situation sometimes. Someone stops in an
opposing pair of lanes to try and be nice and let me do my left
anyways, without considering that someone coming up behind in the
*other* opposing lane doesn't have the same thought. Now I'm
obliged to make half a left and then sit there blocking him while
I make *damn* sure nobody's screaming up the parallel path. And
with the nice-nice person sitting close by and in the way, that's
even harder. I get even more sensitive to this possibility after
the light's gone yellow/red; I will *not* rush to clear the
intersection under such circumstances when there's still a
possibility that someone else is doing something dumb to beat
the light. But usually it all clears out in plenty of time for
the side traffic to start moving on their green, so it's not like
I'm holding up traffic to keep better awareness of my situation.
.
_H*

 

In Ohio, it is only "speeding" if it is an unreasonable speed over the limit. 2, left turners are required to yield to any car (does not mention speeding or not) No one said he was not in the intersection when it turned red....you are assuming facts not in evidence (like that lawyer talk?) Many people do not realize that, once you are waiting within the intersection, you are NOT in violation of the red light if it turns red while you are waiting. SO, what is the big dang hurry to turn? Wait till the car goes by (even if it runs the light) then go. better safe than sorry.

This is CLEARLY the left turners fault. Here's her ticket...and another for yelling obscenities in public.

 

You are incorrect here. There is NO legal requirement to do ANYTHING on yellow. Yellow is simply a warning it is about to turn red. So long as you cross the stop bar (or other designated spot) BEFORE red comes on, you are TECHNICALLY OK!

 

Unless this is a policy of the dept. I would DEFINITELY complain to a supervisor about this one. In our agency...that would be OUTRAGEOUS. I'd be all over that officer like ........

Again, if the dept. does not issue crash tickets as a matter of procedure...well, that just stinks.

 

But ONLY if there is no oncoming traffic so close as to constitute a hazard. You cannot turn left in front of someone JUST because the light is yellow.

 

Yes, it's best to make sure that they are going to stop before proceeding.

 

Well, now, you're changing the equation there. That's always been a grey area. I doubt that a police officer would ticket you for running a stoplight if you're too close to the intersection boundry line to stop safely. Don't put words in my mouth.

 

He only had to pay for his own car. The other guys car was a junker and I'm sure the guy just went out and picked up another one...and I'm sure that one isn't insured either. Lots of uninsured drivers in FL.

 

Second hand information -- I was told of a ticket handed out in Manhattan automatically, based on a picture taken of a car that had not completely *cleared* the intersection when the light turned red. Drivers turning would be a different story; this would apply to cars passing straight through.

So if the OP is sure that the light was red when the accident occured, one might argue that he should not have been in the intersection. If the other driver also shares blame is less obvious to me.

I second Hobbit's point. I don't cross intersections from standstill before I know opposing traffic is stopped, clearly slowing down, or absent. Better smart than right. And I have been right more than once, watching people sail through red lights, oblivious.

 

Not really... I think my scenario was entirely consistent with your statement.