6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
So, as it turns out, what she did was unlawful, although the officer who wrote the report didn't realize that. He was under the impression that there's no law against stopping for a green light. But, that's no big deal. What matters is that she did commit a wrong action that caused this accident to happen. Therefore, she is liable.
Quote:
If the lady had stopped because someone ran in front of her, would you still be suing?
I was about to answer that question until I realized it's not really applicable to my situation. I didn't see when she put hit the brakes because, at that moment, I was paying attention to the cops' directions. In the event that we were driving along (not approaching an intersection) and she braked for what seemed to be no reason (which would in fact be a cat running into the road), I would see it immediately, giving me the parts of a second necessary to brake and not hit her. In that event, there would be no crash and no reason to sue.
Soooo....
Let me get this straight....
When driving through an intersection that has WORKING traffic signals, you look at the traffic signals the entire time you are in the intersection, not at the traffic and cross traffic both infront/behind/beside you???
Tell THAT to the judge in your little courthouse adventure, and see where that gets you. The truly bottom line is that you are responsible to maintain control of your vehicle at all times. PERIOD.
Running into the back of someone, who only has to tell the judge (assuming you make it to a trial in the first place) "I was making sure the officer's hand signals were clearly directed towards me", is your fault.
Let the little old lady tell her story and you will get a "aww, I am so glad you were trying to obey the officer's directions MRS. Smith" response from the judge towards her, and a "EXACTLY what were you doing looking around instead of paying attention to the traffic flow when you came upon this dangerous intersection Mr. Frugie???"
Your logic is flawed b/c you think she is "liable" for you:
A. Not controlling your car
B. Running into the back of her
C. Not paying attention to the traffic around you (notice I said traffic, not officer!)
D. Having a vehicle that you do not know how to operate properly
E. Having her "unlawfully" stop, even though the officer OBVIOUSLY did not find it unlawful: she has no ticket!
F. Thinking that an officer standing in the intersection is a "green light"
Good luck.
