Violation of right of way

[kong72]

What is the name of your state? Florida. This past Friday I was involved in a major accident where after making a left turn I was hit by an oncoming vehicle. I was told by the police officer that a witness saw me turn during a yellow light. He said that I should of waited until the red light instead of the yellow light before making my turn. I was already in the intersection waiting to turn while the light was green. My question is can I fight this ticket and lose fault for this accident? Also is there a way to blame the other driver for possibly running a red light?

[CdwJava]

Originally Posted by kong72

What is the name of your state? Florida. This past Friday I was involved in a major accident where after making a left turn I was hit by an oncoming vehicle. I was told by the police officer that a witness saw me turn during a yellow light. He said that I should of waited until the red light instead of the yellow light before making my turn. I was already in the intersection waiting to turn while the light was green. My question is can I fight this ticket and lose fault for this accident? Also is there a way to blame the other driver for possibly running a red light?

Unless you were in a dedicated turn lane controlled by a green turn arrow (thus indicating the cross traffic would have had a red light) you were responsible to yield to all oncming traffic until it was safe to make your turn. If the light were green or yellow, you still were required to yield to onciming traffic.

What, exactly, is your defense?

- Carl

[kong72]

What I told the police officer was that the light was turning red, but he also stated that unless some other witness states that it was red instead of yellow that it was my fault due to what one witness said. I feel that the light was red. I never did see the oncoming vrhicle either, and when he hit me the major damage on the vehicle was more on the passenger side on the bed of my pickup truck which was then thrown on its side.

[CdwJava]

Originally Posted by kong72

What I told the police officer was that the light was turning red, but he also stated that unless some other witness states that it was red instead of yellow that it was my fault due to what one witness said. I feel that the light was red. I never did see the oncoming vrhicle either, and when he hit me the major damage on the vehicle was more on the passenger side on the bed of my pickup truck which was then thrown on its side.

That's the rub - a witness said the light was NOT red when the other vehicle passed through.

Your saying the light was "turning red" indicates to me that the light was still yellow. It's either red or it is not. If you did not SEE the light turn red, then whether you "feel" it was red is irrelevant.

Unfortunately, I don't see a way out of it. You may want to consult an attorney if a conviction might result in a substantial financial pay out.

- Carl