Car Accident Left Turn

What is the name of your state? California

On August 22nd I was in an auto accident at an intersection as I was making a left turn. I went in the middle of the intersection when the light was green, then the light changed from yellow to red. When the light turned red I proceeded to make my left turn, making sure their were no cars, suddenly when I was making my left turn I stopped since a car on the opposite side ran rammed me on my passengers side. According to the witnesses at the scene they said he ran a red light. Will he be found completely at fault, partially or will I be found at fault?

If you are not in your lane of traffic (as you were not) then you will have a hard time proving you were not at fault.

If the driver who hit you was traveling on the cross street then, from your description, it sounds like the other driver was at fault - and that stands even if his light had just turned green. A driver entering an intersection is supposed wait until it is safe to do so.

If the driver who hit you was approaching you from the opposite direction, then this is your fault - and that may even be true if he did run the red by a fraction of a second...

seniorjudge said:

If you are not in your lane of traffic (as you were not) then you will have a hard time proving you were not at fault.

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Will having witnesses claiming he ran a red light help my case?

Reply

seniorjudge said:

If you are not in your lane of traffic (as you were not) then you will have a hard time proving you were not at fault.

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Well one witness was behind me and another witness was going the same direction the man who hit me was going, both claimed he went through a red light, will this help my case?

If the witnesses will actually give statements to the insurance company stating that the other person ran the red light, you might win. But if it's just you saying he ran the red light and him saying you turned left in front of him and he did NOT run the red light, then both insurance companies will deny liability and you'll both have to pay for your own damages.

ecmst12 said:

If the witnesses will actually give statements to the insurance company stating that the other person ran the red light, you might win. But if it's just you saying he ran the red light and him saying you turned left in front of him and he did NOT run the red light, then both insurance companies will deny liability and you'll both have to pay for your own damages.

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I disagree -

Was the car coming from the opposite direction? (You never indicated it clearly). If the car was coming from the opposite direction, then you bear the brunt of the responsibility. You are required to make sure that you can make the turn safely.

I agree with Zig. I'm reading that, as OP was making a left turn ON A RED LIGHT, the other party was going STRAIGHT THROUGH A RED LIGHT. They were BOTH going through red lights, except OP turned and crossed in front of a vehicle that was going straight. OP is more, if not 100%, at fault.

I agree with Moburkes.

OP, you ran a red light and turned in front of an oncoming vehicle; you are at fault for both running the red light and failure to yield. The other vehicle may have also run a red light, but that still leaves the score at you (2 bads) and him (1 bad).

I'd still say it depends - if OP entered the intersection and began his turn on a green/yellow light, but was still in the intersection when it turned red, that's not running a red light. If the light was already red when the other driver ENTERED the intersection, that's running a red light.

ecmst12 said:

I'd still say it depends - if OP entered the intersection and began his turn on a green/yellow light, but was still in the intersection when it turned red, that's not running a red light. If the light was already red when the other driver ENTERED the intersection, that's running a red light.

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But, it is still running a red light. You don't enter the intersection for a turn until it is safe to do so.

I went in the middle of the intersection when the light was green, then the light changed from yellow to red. When the light turned red I proceeded to make my left turn,

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I didn't look "hard", but the CA DMV manual says to stop BEHIND the limit line. You don't pull into traffic while waiting to turn. You pull into traffic when turning, not before, while you're waiting for traffic to cross.

moburkes said:

But, it is still running a red light. You don't enter the intersection for a turn until it is safe to do so.
I didn't look "hard", but the CA DMV manual says to stop BEHIND the limit line. You don't pull into traffic while waiting to turn. You pull into traffic when turning, not before, while you're waiting for traffic to cross.

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Yep. This.

ecmst12 said:

I'd still say it depends - if OP entered the intersection and began his turn on a green/yellow light, but was still in the intersection when it turned red, that's not running a red light.

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Not true. My state and many others make it a violation to enter an intersection if you cannot safely pass through or exit before the light turns red. Search the traffic tickets forum, lots of folks have gotten red light tickets when the light has turned red while they were in the intersection.