Car accident... we were turning left and the semi sped up to make it through the light, who was at fault?

Question

We stopped at the light, we were headed left, there was plenty of time for us to make the turn. A semi in the far lane sped up because the light turned yellow. We had almost made it when he slammed into the right side of our van. The officer didnt find anyone at fault because he only questioned 2 witnesses (there were more). One witness stated we ran a red light and the other stated the semi did. (noone ran a red light, ours was green and his was yellow). Our van was totaled and we didnt have full coverage. He lost a piece of his bumper. Is there any chance of his insurance paying for the damages even though the officer didnt find him at fault? Should we get an attorney?

Answer 1

First of all I'm so sorry for the really horrible accident you guys endured.
Unfortunately, the semi is not at fault. When you have a green light, you must wait until all traffic is clear in the intersection, to make your left, EVEN if that means going into the intersection while your light is green and waiting inside the middle of the intersection until the light turns red for you and the on coming traffic, then turning once the intersection is clear of cars(some people don't know that, this is indeed legal, as long as you enter the intersection on green and wait for clearance).
This of course is not the case if you had a green arrow, since the green arrow gives you right of way, but I assume you mean you were turning left on green, and the semi had the same green light albeit it was turning yellow.
I hate to say it, but a left turn green must yield to all oncoming traffic until the intersection is clear.
You may not like to hear this, but you're lucky you didn't get a ticket for failure to yield.
Good luck to you. Hoepfully your insurance will take care of some of the damage.
Glad you're safe.

Answer 2

That you could not complete your maneuver before the other vehicle came through the intersection proves that you failed to yield right of way. That is the plain simple fact. I am VERY surprised you were not cited. A yellow light is only a warning that the signal is about to change. The trucker was well within his rights to attempt to make the light so long as he did not exceed the posted speed limit or go through the red light.

However, having been in the trucking business for a long time you will most likely be able to get the truckers insurance company to settle and pay damages simply because they won 't want to fight. Or, the more possible scenario is that the company will probably offer a settlement without even going to insurance simply because it dramatically increases their rates and they probably have anywhere from $5,000 to 25,000 deductible. The cost to fix/replace your vehicle will cost less then their increased rates.

Do you know it takes a loaded semi over 300 feet to come to an emergency stop -- more so when empty or without any trailer. NEVER make a turn in front of a semi or change lanes on the highway with less than 100 feet between you and a truck, you take your life in your hands. More often than not the trucker is blamed and the accident goes on his record for ten years, whether he was "at fault" or not.

Answer 3

I would look the basics of the accident. If neither one of you ran a red light, the vehicle making the left turn in front of another oncoming vehicle is normally at fault. If he's speeding double the limit then that changes some things, but many aren't and it's basic failure to yield on left turn. If the other vehicle ran a red light and your light would be green, then the other vehicle would be at fault for running a red light. From your question the light cycle for both sides is obviously different, if you had a green light and he had a yellow light. The officer also had different statements from witnesses, conflicting with your statement. The officer could then only write it up and let the insurance companies battle it out in court. That's only my view. Many injury attorneys offer free consults usually if they have a chance of winning the case. Usually there all over TV with ads, depending what state you are in. Good luck.

Answer 4

Hi ... the actuallity here is that the officer doesnot have to find anyone at fault. He didnt have enough evidence to charge anyone.. Basically this is one for the insurance companies to sort out..
You say that the semi speeded uo to get through the light.. Basically in a court of law ie with an attorney,,, he would say how could you tell.. the semi was travelling towards you how can you tell his speed of accelleration... or even judge his true speed. How could you tell what color his light was..?? if yours was green arrow then his would be red right. If yours was green normal light so was his....
These are the things you have to look at... Really give all the info to your insurance and hope.
To be honest... I worled as a Police service tech in gainesville and I would have looked at this as two green lights and would have given yo ua ticket even with the two witnesses for turning infront of the other veh failure to yeild.

Answer 5

What was the design of the intersection?
Did you have a left turn lane with a traffic light?
How many lanes of traffic for each sides?
If you're making a left turn with a green light, how do you know the semi's light was yellow? Traffic lights with a turn signal would not switch green until the oncoming traffic's signal is red.Sounds like you began your turn at the moment the light turned yellow with you believing that the semi would stop, in which case you would probably be at fault for not allowing sufficient clearance to oncoming traffic to make a safe turn, and a semi would need quite a distance to make a panic stop. Speed is another factor. You may need a lawyer.

Answer 6

There is NO way you can have a green light and the semi has a yellow light. You're at fault for not yielding his right of way and him. It's a semi...as somene else wrote, these trucks need double the distance-at mnimum-to stop, and with a truck weighing that much, he can't 'speed up' like a car can.

Answer 7

A driver making a left hand turn never has the right of way, and must yield to oncoming traffic. If anybody was at fault, you were. Be glad you weren't determined to be liable.

Answer 8

If his light was yellow, and he was going straight, it was your fault. He was legally in the intersection, and you turned in front of a moving vehicle. Sorry. You had an accident. You chose to carry no insurance.

Answer 9

You can consult with an attorney but I would say you were at fault. I doubt that if he was not ticketed then his insurance company will pay for your van.

Answer 10

Semi's aren't exactly speedy. They're rate of acceleration is pitifully.

Why in the world would you turn in front of any semi?
You should have judged HIS speed better.

I think YOU are at fault.