Asked in Car Accidents and Traffic Tickets for Georgia

Q: Inoperable traffic light resulted in accident. Who is at fault?

Subsection B of 40-6-70 of Georgia traffic law states that subsection A is modified in the event of a through highway. What exactly constitutes as a through highway and does that effect the case of an inoperable traffic light? I continued through a inoperable traffic light thinking that I had the right of way to continue being that I was on a major state road and that the smaller local road that intersected had to stop and yield the right of way to traffic on the much larger state road, especially in the event that it is crossing over the highway. (Ie: a "through highway") also to mention that I was on the right of the vehicle. I received a citation of failure to yeild that resulted in an accident and I plan to go to court to fight the ticket as well as the fault of the accident to avoid damages from insurance. At the moment it stands as both drivers being at fault. Any help would be greatly appreciated as I have spoke to road engineers and briefly with lawyers but not much help.

1 Lawyer Answer

A: I would contact a member of the Ga. Trial Lawyers Assn if you were hurt--they give free consults. Look for one who also handles "criminal defense" in the county where the wreck happened--not that it's criminal but because that means they'll know the traffic court judges. It's not a d.i.y.

Generally you are correct, but as you proceed you must excercise caution to avoid a hit. Color of cars, lighting, visibility all play roles.

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