Des Plaines, IL asked in Personal Injury, Traffic Tickets and Car Accidents for California

Q: In an intersection waiting to turn left (green light), light turns red, make turn, oncoming runs red light. Liability?

Light had turned red and there was no car even near the intersection in oncoming traffic - the only car I saw was far away enough that even if it were a green light (and they were going the speed limit) I would have been able to turn safely, clearly the other car was speeding very fast when they saw that the light had turned yellow and either couldn't stop in time when it had turned red or wasn't planning on it. Car ran red light and hit me as I was turning while the opposite lanes of traffic had the green light already. --Edit-- There were multiple (at least 3) witnesses claiming she was going through a red light, and one witness that said she was going through a yellow light.

6 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: liars pokers...........they will say you turned left in front of them on a green and that is illegal and you will say red and they should have stopped.

i personally do not turn left in that situation until i see the oncoming car stopping.

William John Light agrees with this answer

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA
  • Licensed in California

A: As you describe the case - it is a good case and the other driver is liable. However the case will be disputed based on conflict of witness statements. I will be happy to do this case with you and would need you to contact me with more info as to damages, dates, photos of car damage, medical bills and injuries. Contact myself or my brother Roland Perez regarding this civil car accident case.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If witnesses on your side suggest you contact a member of the CAOC if you were hurt--they give free consults.

The way you have it it sounds like you turned on red, so if you did and she did she had the right of way, But talk to a CAOC member as I may be missing something.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: If you were in the intersection, you have to clear it. However, you also have to yield to oncoming traffic and not turn left until it is safe to do so. If her light was yellow, she was entitled to enter the intersection and you were obligated to yield, even for speeding vehicles. If she ran the red light, it's her fault. If she entered on yellow, best case scenario is that both of you have comparative fault. The percentages are unknown: 70%-30%, 30%-70%, or some other split.

If you were not in the intersection, but entered after it turned red to complete your turn, you are at fault.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: I would add, do not respond to any attorney who solicits your business via a website, including this one. Such conduct is prohibited by California Rules of Professional Conduct and is very much frowned upon by the State Bar. http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Current-Rules/Rule-1-400

Jean-Simon Serrano
Jean-Simon Serrano
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: From what you've described, you are not liable. As a practical matter, it may be difficult to prove your version of the story if the other driver claims they entered on a green light. Were there any witnesses? Passengers? I would make sure to tell your insurance company your side of the story, they should back you up. If you were injured, you should consult with a personal injury attorney.

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