who is at fault?

Question

I am sitting at a Red light first one in line
Light turns green.
Cars are still in intersection cause 5 ran other light. I hit one car in rear door. in intersection.
I had green light will other driver be at fault automatically cause he ran light?
Who at fault???????

I not had accident I am just tired of people running light every time at least 3 or 4 run it.

Answer 1

Ok, as a retired officer this is what we would have done,

You both would be at fault, since the other car ran the red light we would ticket them for the red light

Since you are also responsible not to move forward unless the road way is clear, you would get failure to yeild right of way.

So you have two issues, first is the criminal where both of you would be charged, ( who knows what they judge may or may not do, normally they will hear both of the cases together and rule on it)

But their could be a seperate civil case also, ( who will pay for whose damage)
Most likely it would go about 75 percent thier fault 25 percent your fault but that is just my guess.

Answer 2

More information is needed to answer your question. 1st, how long of an amber light did the cross traffic have? 2nd, how long had his light been red? 3rd, how fast was the other vehicle moving at impact (this can be determined by the distance he travelled post-impact). 4th, was he coming from your left or right. If you have to travel across one or two lanes before hitting him, that takes time and thus more likely that he did run the red.

After all is said and done, collisions involve two different types of law. The traffic laws (statutory) and the civil law of fault and injuries, etc. Just because someone has broken a statute law (running a red light) doesn't mean that person will be 100% at fault in the eyes of a civil court judge. If the judge feels that you should have observed the danger and could have avoided the collision, partial fault may be applied to you.

Answer 3

If they crossed the line when the light was yellow and turned red while they were still in the intersection then you are at fault because you did not yield and make sure the intersection was clear when you entered it. You might have had a green but you still have to allow cars in the intersection to get across. Now if the intersection was clear and a car blatantly runs a red and you hit him it is his fault. You will have to have witnesses to prove this. Because there were five other cars and not just one rogue car then it sounds like you were at fault.

Answer 4

You cannot enter the intersection until it is safe to do so, if youre sitting, stopped at the intersection then it would be unsafe for you to enter it until the other cars are passed through the intersection.
A nice two to three hour long video tape of the intersection at peak travel times might make law enforcement or some judge take a harder look at violators, maybe a request for special attention to this intersection would be of use to you.

Answer 5

Hard to say with such limited info (I know it sounds like you gave a lot...)

If you were in the intersection on a green light when the other driver entered, then he/she will be at fault. If they were in the intersection before you started then you both will be at varying percentages.

Remember, even on a green light, you cannot proceed through an intersection until it is safe to do so.

I hope for you that you were already in the intersection before they came in.

Good Luck!

Answer 6

The light change would make them at fault but see the law is funny if you hit them in the rear that means the had gone past you and you had time to stop. If you hit them in the front it means you took off right as the light changed.

They are legally and you are at fault hitting them

Answer 7

I don't know. I have always been told if you hit someone it is your fault. But if you can prove the person ran the red light, then it will not be your fault. Hopefully you have a witness.

Answer 8

Did you have witnesses?

Did the other car admit to running the light?

You would probably be ticketed for following to close, because the car in front of you did not complete its action before you hit it.
Even if the car in front of you is acting hinkey, its up to you not to hit it.

Answer 9

Well in Tn I could cite both drivers the other driver for disregarding a traffic control device and you for a "catch all" failure to exerscie care" that usually is and officer discretion thing though and if you're polite and cooperative, with most officers, it won't happen.

Answer 10

they are probably at fault, BUT as a driver you have a resposibility to try avoid the accident as well, even if he did run the light, did you try to avoid the accident??