Legal Question in Personal Injury in California
I was involved in a T/C recently and wanted to seek some legal advice.
The situation: I was driving southbound on "A Street" approaching "1st Street" on a stale green light. I entered the intersection on a green light phasing to yellow however the left-turn yield vehicle northbound on "A Street" made her turn onto westbound "1st Street" in front of me causing me to swerve to try and avoid collision. Needless to say, I couldn't avoid it and sustained front drivers side damage to my car with minor damage to hers. When police arrived, she claimed (per the officer) that I entered the intersection on a red light. However, that would mean she initiated her turn on a red putting her in a red light violation situation. Now I am 100% positive I entered on a green phasing to yellow, however, I have no witnesses that can corroborate my claim.
On a side note: Prior to her starting her turn (and myself entering the intersection) I observed her hesitate (move forward with the turn movement..then stopped) for a second...which being a reasonable individual, I concluded she was waiting for me to cross the intersection. However, immediately after, she proceeded with the turn in front of me.
Because the other party is not going to claim liability of the incident nor am I, I wanted to know who would be considered the party most at fault in this situation.
Because the police report is still pending, I don't know what the officer stated as the PCF or if he wrote an opinion.
I just feel I am not the party most at fault and do not want to pay for any damages.
Any help would be greatly appreciated.
3 Answers from Attorneys
With no witnesses, it is simply your word against hers. Just to make it perfectly clear, if she completes her turn after the light turns red, then she is NOT "running" the red light. That's what a left turn driver is supposed to do: wait in the intersection until the light turns red, and then complete the turn. The whole case turns on the question of the color of the light. Did she turn before the light was red, or did you run the red? It will be a credibility contest between the two of you--whoever comes across as lying, loses. If it's a "tie" (if the jury can't decide who's lying) that means the one bringing the lawsuit loses, because it's the plaintiff's burden to prove the case "more likely than not" (i.e. by 51% or more, so a 50/50 tie isn't good enough).
Mr. Stone-Molloy is mostly right. All that matters is if you entered the intersection on red or not. The other driver, having entered the intersection not only had the right of way to complete the left turn, they were obligated to complete the left turn to clear the intersection, once the light was red. So if the light was green or yellow when you entered the intersection, the other driver was at fault. If the other driver was correct and the light turned red before you entered the intersection, you are primarily at fault. Where he is wrong is that if the jury can't decide it is automatically a win/lose. California is a proportional liability state. The jury can allocate liablity anywhere from 99%-you 1%-them, to 1%-you and 99% them. So, for example, the jury could find the other person can't prove the light was red, and you can't prove it was green, so she loses, but that you could have avoided the collision somehow, so you are, say 15% at fault. Conversely, they could find they believe the other driver that the light was red, but that she should have seen you were not slowing down and waited, making her 45% responsible. So there really is no cut and dried liable/not liable in these cases.
We have made a preliminary evaluation on your case with the information you have provided, and even though it seems like this case may be your word against hers, we believe you still have the upper hand on this one. Please feel free to contact me directly at 310-295-2026 as I would like to take the opportunity to further discuss this matter in detail with you.
Your may be entitled to the following at no cost to your pocket:
� Physical Therapy and rehabilitation
� Compensation for your damaged property
� Compensation for loss of earnings
� Compensation for pain and suffering
This response is for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. For specific information or for a free initial consultation with an attorney, contact (855) THRU-LAW or visit www.ThruLaw.com
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