Left turn accident

What is the name of your state (only U.S. law)? PA

I got into an accident while proceeding through the intersection making a left turn. The light was turning yellow as I made the turn. The driver to the left of the driver (driver I hit) in the opposite direction had stopped while the driver I hit flew past the red light causing me to hit him. The driver behind him stated that he ran the red light and I was already fully turned in the intersection.

The police officer ticketed the driver for running the red light and stated the same in the accident report. Right away the driver states that he prefers to settle out of court. He thinks I'm at fault because I hit him.

The way I see it, yes, I did hit him but I'm not at fault. I was already turned and continuing to move before he flew through the red light. I have a witness that says the same thing. I will be speaking to a lawyer in the morning but I just wanted to know if I am liable for anything.

Any thoughts, comments or opinions will be appreciated.

You are at fault because you were turning and he was going straight. The fact that he was cited for running the red light helps you, but only to the extent that you will both be 50% at fault and you will both pay for your own repairs, instead of you paying for his. His running the red light does NOT remove YOUR duty to yield.

It was safe for me to turn and I was already in the intersection and I'm still at fault? Unbelievable!

It was NOT safe for you to turn - you hit someone!!!

What did your insurance company tell you when you reported the accident?

Spicey57 said:

It was safe for me to turn

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The fact that you had an collision contradicts this statement.

your statements do not jive:

The light was turning yellow as I made the turn.

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driver I hit flew past the red light causing me to hit him. The driver behind him stated that he ran the red light and I was already fully turned in the intersection.

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If the light was just turning yellow as you made your turn, unless the yellow is extremely short (like in less than a second), I see no way the other person could have run a red light. As such, it would be your fault.

If in fact the guy did enter the intersection after the light turned red, he is at fault. PA law requires a person to stop when faced with a red light. He can still enter the intersection if the light is yellow but once it is red, his ROW ends.

If the light was red for one driver, it was red for both of you. The other driver clearly entered the intersection first since you hit him and not vice versa. But even if what you say is true, you STILL had a duty to yield. Had you been watching that lane instead of assuming everyone was going to stop, you likely would have seen him coming with no sign of slowing down and could have avoided the accident. Whenever you are turning across lanes of traffic, it is 100% on you to make sure that it is safe before proceeding - the cars going straight have ZERO duty to stop for you. They have a duty to stop for a red light, but that is completely separate from your duty to yield.

Spicey57 said:

It was safe for me to turn and I was already in the intersection and I'm still at fault? Unbelievable!

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Once the light turns red, the intersection MUST be clear.

The fact you stated the other driver ran a red light means the light was red for you too while you were still in the intersection.

That is why you are at fault as well.

It depends on how the lights work at the intersection.
There is one intersection that has green arrow light for left turn and red light for straight on traffic.
I have seen several vehicles run the red light straight on after the cars have the green arrow left turn light.
Find out how the lights work at the intersection.

I think if there was an arrow, OP would have mentioned it, since then she would have clearly had the ROW.

=Who's Liable?;2657166]Once the light turns red, the intersection MUST be clear.

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that isn't true at all. PA statutes only restrict the entry to the intersection once the light turns red. If it it yellow, it is not illegal to enter and if it turns red while in the intersection, oh well. You do have the right to complete your travel through the intersection.

The fact you stated the other driver ran a red light means the light was red for you too while you were still in the intersection.

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and? It is not illegal to be in the intersection when the light turns red. As long as you do not enter the intersection facing a red light, there is no law broken.