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Failure to Yield Left turn VA...not really my fault!! please help

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amr090

Junior Member
What is the name of your state? Virginia

Hi I am hoping an attorney can help me out here and tell me what my chances are.

Prior record: I am 26 years old and have been driving for 9 years, I have not been in any prior accidents and I got my first speeding ticket ever last month for doing 70 in a 55, but it was reduced to failure to obey a traffic signal since it was my first offense.


Accident:


I was at the intersection of Centrewood on Centrewood, and Saint Germain a small road which turns into a shopping center, when I pulled up the light was green. I waited for oncoming traffic and slowly began to make a left turn onto Saint Germain. When I made the turn there were no cars nearby that I could see. The oncoming road had 3 lanes, one left turn only lane, one right turn only lane and a center straight lane. As I made the turn and was almost off the road (4/5 of my car was in the right turn only lane part of my car onto the road I was turning into, Saint Germain.)

I was clipped by an oncoming car in the middle of the 3 lanes I described and hit the rear/side of my car near the gas tank right side tail light. When I pulled up and asked the lady why/how she hit me she said "when she sees a green light she doesnt expect anyone to be in front of her" she also said "i tried to brake, and did but i couldnt stop, if i hadnt braked i would have hit you a lot harder" Essentiall on the very tail end of my car was in her middle lane, most of my car was in the 3rd lane/ already into the road I was turning into to.


Question: The office gave me the citation just because he said this would allow me to go to court and plead not guilty and also according to the rules 'i failed to yield to a left turn signal', and also if he let it up to the insurance he would get subpoenaed and didnt want to deal with it.

Considering I was well into the intersection when I was hit, and almost into the road I was turning to, isn't it the oncoming drivers fault? I mean if I'm already well into the road and have almost completed my turn, shouldn't she slow down to let me finish it? How can she continue forward and hit me. I just wanted a professional opinion on whose fault it would be legally? It logically seems to it would be her fault.

Your advice would be greatly appreciated...!
 


FlyingRon

Senior Member
No. You are required to yield to oncoming traffic.

The only thing that might be a defense is if you have proof that the other car was being operated at a grossly illegal speed.
 

amr090

Junior Member
i didnt try to get into the right hand lane, i was just making a left turn....what i was saying
was if you look from the perspective from oncoming traffic, my car was perpendicular to the oncoming right traffic lane and almost off the road...so i had almost gotten off the main road and was into the street i was turning into..
 

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