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Old 05-23-2002, 05:53 PM
bigbirdstyle
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red light and right of way


Scenario: Los Angeles intersection. I’m going eastbound. I see my green light and one sec later moved forward. I hit another car coming out of nowhere making a left turn southbound. My insurance company says I’m at fault unless I can prove that the other party made the left turn when his left turn signal was red. Should I have complete blame even if no one is sure if he made the turn legally? Because of this incident I was cited for not yielding to the right of way of a car already in the intersection. What is the best strategy to beat this citation? Does the court have to prove me guilty beyond a reasonable doubt. Thanks
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Old 05-24-2002, 11:26 AM
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Send a message via AIM to Juan Rodriguez
What were the points of impact?
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Old 05-24-2002, 01:43 PM
bigbirdstyle
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The points of impact are the other party's passenger door and the left part of my front bumper.

The following is the code:
21451. (a) A driver facing a circular green signal shall proceed straight through or turn right or left or make a U-turn unless a sign prohibits a U-turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.

My problem with this is that since no one beyond a reasonable doubt can say that he entered on a green signal.
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Old 05-24-2002, 04:31 PM
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I can only go based on what you have written in offering my opinion.

From an interprative sense the other driver had control of the intersection, since the front of your car hit the side of his. Because the police officer was not a witness then he can only go by what the drivers tell him and then make an educated guess based on the points of impact and his experience. It's a judgment call.

Unless you have an independant witness then you may by liable for between 50 to 100% of the damages.
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