Reedsville, WV asked in Traffic Tickets for West Virginia

Q: If a traffic light turns yellow at the instant you are at the intersection is it law to stop if no safe way to do so.

Was involved in an accident and cited for failure to obey traffic control device. Going straight thru the intersection and another vehicle turned left from oncoming traffic in front of me.

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Traffic Tickets Lawyer
  • Baton Rouge, LA

A: This sounds like a bona fide dispute and you might be asking multiple questions----short answers are that in regards to a traffic ticket (if you received one), then the Prosecution must provide beyond a reasonable doubt that you are in violation of the cited law----however, if the light signal turns red while you are still in the intersection, then it is a violation. In regards to fault, there are 2 basic tenets involved---you have a duty to follow the law however if that left turning vehicle preempts your lane then you could have responsibility/fault, however the left turning vehicle has a duty not to turn left until it is safe to do so and if he fails to do so, then he has some responsibility/fault. If you are worried about the traffic ticket, then you should fight it. If you were injured, then you should assert an injury claim. Regardless, you should notify your insurance company.

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