Here's what happened:
I was at the intersection of Valmont and Airport waiting to turn left. The car in the oncoming lane (going straight) came to a stop for the yellow light so I started to go. The man in the car behind the one who came to a stop at the yellow light then swerved into the right turn lane and went around the car and continued going straight. Needless to say he hit me head on pretty hard. Unfortunately, I lost that 10 seconds or so. All I remember is seeing the oncoming car stop, starting to go, and then I am all of a sudden facing the other direction, the air bags are out and I am in pain. The woman who was in traffic directly behind the driver that hit me was the one who saw him swerve into the turn lane and pass the car ahead of him. Unfortunately she works at a school and had a small child with her so she wasn't able to talk to the police at the scene. I did give her the number to call the officer though.
2007-03-13 11:56:16 · 5 answers · asked by rebka brin 2 in Cars & Transportation ➔ Safety
The officer added the witnesses statement to the report but he has a problem with the fact that she said the light was yellow to red and the other driver and I said it was yellow. I understand that the law states that the person turning left always has to yeild and is always at fault-- which is why my insurance company is putting me at fault and I recieved a summons to appear in court. I was just wondering if my witness and I are crazy in thinking that he did something illegal as well? Do I have any case at all?
2007-03-13 11:57:10 · update #1
My advice is to ignore the witness, and focus on the fact that the driver of the first car, the one that stopped, saw a yellow light and made a safe stop, so if he had time to react properly the car behind him was intentionally speeding up to run a yellow or a red light, he was probably speeding and not leaving you much time to clear the intersection.
Have your day in court, dress in a nice but conservative outfit. Be polite, speak clearly, do not use slang, do not say more than you intend to, state the facts no more, you entered the intersection, saw a oncoming car come to a stop at a yellow light. The second car sped up whipped out from behind the first not giving you a chance to clear the intersection.
If a lawyer questions you repeat your story, do no add any other facts or embellish the story in any way. Do not let your voice rise or get emotional.
Good Luck!
2007-03-13 12:14:56 · answer #1 · answered by cimra 7 · 1⤊ 0⤋
Here in Ohio, you can get busted for "running a yellow light." That means you speed up and exceed the speed limit to hurry through a yellow, and it's illegal here.
If the first driver felt that there was not enough time to proceed before it turned red, what would that say about the second driver?
Did you say that the driver that hit you was in a right turn lane? Was it for right turn ONLY? If so then he was in the wrong, if he used it as a thru lane and it was right turn only!
2007-03-14 14:19:10 · answer #2 · answered by ? 6 · 0⤊ 0⤋
Call 1-800-ask-Gary they will determine if you have a case and will get you set up with an attorney for free.
2007-03-13 12:02:06 · answer #3 · answered by Babe 3 · 1⤊ 0⤋
He definitely has his share of guilt, if everything was as you described. However, I'm sorry to say this, but the main fault is yours, and your insurance company is right.
2007-03-13 20:53:14 · answer #4 · answered by Misha 3 · 0⤊ 0⤋
he has neglengence
2007-03-13 12:01:52 · answer #5 · answered by Co Iokua 1 · 0⤊ 0⤋