at fault or not?

Question

i recently got into an accident and i got the ticket i went thru the light yellow (down a high way) and a guy pulled out in front of me and i rear ended him (i went thru the light right as he pulled out) his light would have been red still. and i have witnesses saying i went thru yellow and he pulled out. i recived a ticket for not adhering to a stop and go light (which i have no idea what that means someone plz clarify) the light was a functional traffic light. so does it sound like im stuck with the crash being my fault or is there any way it could get turned over? any advice is also welcome (more info: both cars are tottaled and it occoured in michigan and both have plpd) thanks for any help in advance

the police officer took the names and numbers etc from all the witnesses i couldnt have stoped for the red light because i was maybe 20ft from the light and i was doing 55 (wich is the speed limit on that road) the cop told me to fight it if i thought it was wrong and he would supeana all the witnesses

Answer 1

First point! Don't be confused. If the police officer supeanas witnesses, they will be witnesses for the prosecusion. Not for you, the defense! If you have witness which can testify in your favour, you must supeana your own witnesses to guarantee their presence in court.

Second point. Failing to stop for a yellow light is the same as not stopping for a red. You must clearly spell out in court any evidence you have which supports you could not safely stop when the light turned yellow. You can't hem and haw about it, if you testify. Consider having for court a drawing of the intersection, complete with the vital measurements eg; your position when light turned yellow, your speed, width of intersection. (Were you within the speed limit)

Third point. While the accident fault may be of interest to your insurance company, it MAY be a moot point in court, as the accident happened after your violation.
You can however contend if it is true, that the vehicle turning in front of you, which you felt at the time was unsafe, distracted you and the light turned yellow at that moment of distraction and your mind was on avoiding the other vehicle. But keep your defense straight. You either saw the light turn yellow or you didn't.

Big point. If you should decide to try to bend the truth, remember, you gave a statement to the cop and he will testify.

Last point. You might consider getting one of those "former cop" outfits to help fight traffic tickets. They're cheaper than a lawyer and they won't choke in court like a lot of people do when they defend themself.

Answer 2

Yes you should go to court and fight it with the witnesses. But something's not right here. You might want to get a lawyer involved. Maybe that police precinct has a quota on traffic tickets they must write each month, and they figure not everyone will fight their ticket. At least no citation was issued for "careless driving", "reckless driving" or anything else like that, so you probably have a good chance of winning in court. Did the other guy get a ticket? Was he a "local" and good friend of the police officer? Maybe you were given a ticket to reduce the chances of him getting more serious charges, or maybe it was just routine.

Answer 3

I am amazed that you say you were going through the yellow light. That means you saw the caution light and did not reduce your speed and are whining about not seeing a man who got all the way out in front of you, far enough for you to REAR end him. When was the last time you looked at the light? If it was more than half way up your winshield you should have surely stopped.
Remember, driving is defensive, you never know what the "other guy" is going to do.
How much time did running that "yellow" light end up saving you?
Slow down, you move to fast, you've got to make your lifetime last (apologies to Simon an Garfunkle). Next time trying to make a light like that could take your life.

Answer 4

It all depends on the other vehicle. If his light was truly red, and he had come to a complete stop before entering the intersection, then you are at fault for 1) accelerating through a yellow, and 2) rearending the vehicle in front of you (ie not maintaining a safe distance). But no skin off your nose if you take it to court and subpoena witnesses...except the court costs on top of the lingering medical issues the other driver experiences. He'll have a heyday with you. Get a good lawyer.

Answer 5

Well I live in Ky. and if you hit someone in the back end It's your fault no matter what. And when I attended traffic school (more than once I'm afraid) lol the instructor stressed to us that a yellow light means slow down NOT speed up. Maybe you could find a lawyer willing to answer your question over the phone without charging you a fee. Good Luck.

Answer 6

Well, sweetie, I have to tell you that a yellow light is your indication to slow down. Not speed up and try to make it.
I would have to say you need to take it to court if you have witnesses stating the other person's light was still red. Have them go out to the site and test the lights. If one is changing too quickly, then it is the city's fault.
ie: if your light is yellow and ready to turn, the intersecting light may trigger too quickly.
Investigate it...
I wish you luck!
I hope you are both ok :-)

Answer 7

In the case of collision at an intersection, if they were halfway or further through their execution of said intersection then the driver who hit them is at fault. Although if you do have credible witnesses who are willing to testify for you or better yet who spoke to police at the scene maybe they could go to court with you or speak to your attorney if you have one and help clear this up. I can sympathize, a very bizarre incident along those lines happened to me once. I never did find out who the person trying to sue me was. All I had to do was explain my end of the story to a police officer-Over the phone! I think they smelled insurance scam or something. Good luck.

Answer 8

It appears that you have mis-stated, "rear ended". In order for you to have rearended him, he would have had to be in front of you. You say,"he pulled out in front of you".
From the left or right, I presume.
If the light was "fully functional" did it cycle, green, yellow, red?
If it sat constantly on red or yellow, then one would be required to stop, look, go.

I had a similar situation once. Witnesses for the other driver did not appear in court. Thrown out.

If you have any doubts, go to court.
You are innocent until proven guilty.

Answer 9

The other party should be ticketed as well, for reckless driving, and failing to stop at a red traffic light.

Answer 10

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