comparative negligence

[nullify]

Ohio

Does comparative negligence apply here?

I was cited for failure to yield when I turned left at an intersection and was struck by an oncoming vehicle going straight. I have a witness on the ground who after hearing the collision, immediately looked up and saw the traffic light for the street I was turning onto was green. Let's assume that this ticket is dismissed because I have another witness as well and should be able to cast doubt.

The other driver stated to the officer that her speed was 40mph. The officer incorrectly wrote the speed limit as 40mph when it is in fact 35mph. Also she insisted to the officer and to me that her traffic light was green. This is clearly not true as seen by both witnesses and as shown in the traffic light timing chart.

The traffic light turned yellow before I even entered the intersection. I stopped looking at the light and was looking at the oncoming traffic. I knew from experience the lights go yellow and red at the same time in the opposite directions. Once they have stopped, I would be able to clear the intersection. The oncoming vehicles in the right lane stopped, and her vehicle in the left lane was still several car lengths away from the intersection. I thought it was okay to turn.

It's possible she may have run a red light since the light on the other street was green when the witness looked up. It's certain that the light either was red or was yellow for a very long time when the accident happened. That is as much as can be implied by the witnesses.

She struck me near the end of my vehicle--at and further back from my rear, right wheel. If it appears she wasn't paying attention and didn't even know the color of her light; and she was speeding, would this allow for comparative negligence? Or, because I was the one turning, the only chance for me if I get sued is to show she ran a red and is at fault?

 

[efflandt]

My sister was hit by a police officer in his rush to get to work when she was making a left turn, and his insurance covered it. The light turned yellow, oncoming traffic was stopping, she tried to complete her turn, and he came down the curb lane striking her behind right rear wheel. He kept saying "the light wasn't red" (he didn't say it was green).

The impact wrapped the fender around the spare tire and bent the rear side window of the 68 Ford station wagon, knocking the rear of the car over a median light that punched out the gas tank. Fortunately no injuries other than my brother (front passenger) bruising his elbow. The frame was kinked rear of the rear suspension, so it was repairable. But we drove around using several 6 gallon boat gas tanks until the repair.

 

[stephenk]

" I have a witness on the ground who after hearing the collision, immediately looked up and saw the traffic light for the street I was turning onto was green."

This witness is useless because they can't say what color the light was for the oncoming car when that car entered the intersection.

"I knew from experience the lights go yellow and red at the same time in the opposite directions."

What does that mean?

"It's possible she may have run a red light " What do you mean by possible? What color was the light when you started your left turn, yellow or red?

 

[nullify]

Yeah, I don't think I can show she ran a red light. The statements from both witnesses only show she didn't have a green light that she insisted she had. I was going north about to turn left. She was going south. When one witness looked up, he saw the light for the eastbound traffic was green.

At that intersection, when the northbound light changes to yellow or red, the southbound light changes at exactly the same time. That's just from experience, and it's also shown in the timing chart.

I wasn't looking at the light anymore when I made the turn. I was looking at oncoming traffic because I knew they would be stopping. Southbound traffic has the same light. It turned yellow before I even entered the intersection.

I said it's possible she ran a red because I don't have any witnesses that actually saw the accident, only right after. I'm just wondering though if comparative negligence is at all possible. She was speeding, went through the intersection really late, didn't even know the color of the light.

 

[stephenk]

""She was speeding"

How do you know? And if she was speeding why did you turn in front of her car? These are points you need to address.

 

[nullify]

Well she stated to the officer her speed was 40mph. The speed limit there is 35mph. She was in the left lane coming towards me. There were vehicles that already stopped in the right lane. I thought oncoming traffic had stopped because those vehicles stopped, and she wasn't even at the intersection yet.