As one car (A) was proceeding through a green light in a complicated intersection, another car (B) runs through the intersecting red light in front of (A). (A) hits (B). A witness stopped and told the police that (B) ran through the red light. However the police did not issue a ticket to (B). Is there any chance at all that car (A) will be found at fault or duel fault?
2007-09-04 13:03:30 · 13 answers · asked by Wanderer 4 in Politics & Government ➔ Law Enforcement & Police
(B) was not making a turn, he was proceeding straight through the red light.
2007-09-04 13:10:05 · update #1
Don't be so sorry for me, I was car (A).
2007-09-04 13:25:16 · update #2
This was in NJ.
2007-09-04 14:00:36 · update #3
A, is the striking vehicle. B, is the at fault vehicle. No tickets were issued because the Officer did not witness the accident, and most likely both parties had insurance.
2007-09-04 19:47:08 · answer #1 · answered by CGIV76 7 · 1⤊ 0⤋
This is a tricky matter. The insurance companies and the courts(if it gets this far) will evaluate this matter in terms of negligence.
Car B is clearly negligent. There is a witness and a victim/witness(A) who can and will testify that Car B ran the light.
Car A however did hit car B. The determination on Car A will be about this player contributory or relevant negligence. Whether or not this is so, and the degree to which this is determined to be so, is a matter for the insurance companies. It these cases Car A will be assigned some degree of contributory negligence based upon the negotiation and discussions held between the insurance companies, and Car A has minimal input. The argument is that Car B was not operating under a cloak of invisibility and Car A had a chance to see and avoid Car B if the Car A was operated in a safe manner. Car A will potentially be held liable if uninsured, and likely will see their car insurance rates go up, or at the least marked for a "incident".
With all due respect to the Police officer CGIV76 answering this question and for all his collective Barney Fife friends....your answer makes no sense legally and is inaccurate. Police are Police and are not insurance adjusters, attorneys or judges and should stay within their area of knowledge.
2007-09-05 03:52:37 · answer #2 · answered by tk 4 · 0⤊ 0⤋
How an accident is investigated by insurance companies depends on the facts of the accident and the laws of your state.
There are 4 types of negligence - and each state follows one of those 4 types. Of course, there are big differences from state to state (even the ones that follow the same type of negligence laws.) So with out knowing what state the accident happened in - I can't give you much insight as to how your insurance company would handle it or how they could place fault (negligence of each driver).
In my area, cops usually only give tickets for accidents if there is an injury. So even if the cop did not give the other car a ticket, they can still indicate on the report whose fault they think the accident is.
Having a police report in your favor helps. The police report is an important tool in an insurance investigation. However, the adjuster will need more than the report. The adjuster will have to speak to the witness, the drivers, get photos of the cars and sometimes the scene. I've even had to call the officers.
2007-09-04 13:38:55 · answer #3 · answered by Boots 7 · 0⤊ 1⤋
The fault is not absolutely clear.
Certainly B ran the light and was wrong, but since A struck B, the question is whether A had the opportunity to avoid the accident. To know that, it would take an expert accident investigator to look at the speed of each car, and visibility conditions at the intersection.
If A is deemed to have had the "last clear chance" to avoid the accident by yielding to B, then A is at fault.
That possibility is why B wasn't ticketed. I'm sure it's still under investigation.
2007-09-04 13:27:27 · answer #4 · answered by open4one 7 · 0⤊ 3⤋
It is possible since the cop didn't issue a ticket. The guy getting hit from the rear is normally the one who prevails. Hopefully the cop at least stated in the report that the guy turned in front of A and turned on a red light when the intersection was not safe.
2007-09-04 13:09:13 · answer #5 · answered by bravozulu 7 · 0⤊ 2⤋
whoever ran the red light is at fault. Odd they didn't receive a ticket when you told us the witness said they ran the light.
2007-09-04 14:54:22 · answer #6 · answered by linz 4 · 0⤊ 0⤋
If your law is anything like the law here, you will be the one blamed. They will assume that you should have waited even though you had a green light. Every day, I see many drivers (& cyclists) running the red light and they get away with it. I am a pedestrian and, even though I have the crossing light, I have to wait and wait until the coast is clear before I can cross. Otherwise, I will be killed instantly because most people here don't wait for anyone else.
2007-09-04 14:52:14 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It is the fault of the person who ran the red light.
2007-09-04 13:08:07 · answer #8 · answered by Ulrika 5 · 0⤊ 0⤋
officers don't give tickets for accidents. they only cite what they witness as a perpetration of the law. Since the officer did not witness car B running the red light, he cannot issue a citation.
As far as the fault, it is up to your insurance agencies and, possibly, a court of law to determine whose fault it is (if it even goes that far; most are settled out of court).
2007-09-04 13:13:03 · answer #9 · answered by Anonymous · 0⤊ 2⤋
The cop cannot issue a ticket on the word of a witness, that is why no ticket was written. I am sure that the cop wrote down what the witness said. I wouldn't worry about it unless you are car(B).
2007-09-04 13:12:38 · answer #10 · answered by awake 4 · 1⤊ 1⤋