I was first car waiting for green light to go forward. Proceeded forward once got green light. Car coming from opposite direction ran red light and made a left turn resulting in collision w/me. Cop who took report indicated we were both "legally" in intersection at same time (which in no way helped with my insurance claim) & that I should have waited longer before proceeding on GREEN light. I lost. WHY????
Your statements lack a little detail. If you had a green light, most times opposing traffic also have a green light. Unless the other vehicle entered a left turn lane controlled by a signal, which is usually red if you have the green. But if the other vehicle entered the intersection legally on a green light and you also had a green light, then the driver would be required to yield the right of way to any vehicle close enough to consititute an immediate hazard before making the left turn. You have an obligation to ensure the intersection is clear as others have stated before you enter it on a green light. Without a more detailed description of how that intersection is controlled by signals, it's difficult to determine if the other car was in the intersection legally. Nonetheless, it is was, that driver still had an obligation to yield to you. It's unfortunate that insurance companies place so much creedance in an opinion by a police officer investigating a collision because in the last ten years budget restraints have severely impacted police officers from obtaining advanced traffic accident investigation training, but they do the best they can. Split seconds can make all of the difference in deciding who may have been most at fault.
Were there any independent witnesses? Pleading your case to the insurance company generally doesn't do much good because their insurance investigators generally don't get involved unless there were serious injuries, high value loss or death. You might want to consider going back to the police station that took your report and ask to discuss it with an accident supervisor, who approves accident reports. They can always complete a supplemental report that can help clarify or even change the causal factors upon further investigation. You might also revisit the accident scene, photograph the lights and the streets as you approach the intersection at the same time of day. Also check that all of the signals are operating properly and that there no delays that would affect other traffic from entering the intersection faster or slower than you.
Most of the shadows of this life are caused by our standing in our own sunshine.
Ralph Waldo Emerson
I think that you should continue to fight your case cause you are absolutely right. You shouldn't have to wait at all, once you see a green light. If there is still someone in the intersection or someone coming from another direction, it means that they are running a red light.
See the Calif Vehicle Code. You must wait until the intersection is clear before entering even if you have a greeen light. I'll try to find the section and post it.
It is actually on page 58 of the Calif DMV Driver's Handbook. http://dmv.ca.gov/pubs/dl600.pdf
"Solid Green. A greenlight means “GO” butfirst give the right ofway to any vehicle, bicyclist, orpedestrian in the intersection."
I guess that means you have to wait for someone coming from the opposite direction to run the red light and turn left in front of you.
I see the point in waiting until the intersection is clear before proceeding. There could be a little old lady who began crossing the street legally but ran out of time, or perhaps a vehicle is grid-locked and can't move out of the way.
Nonetheless, the cop should not have said the other driver was in the intersection legally since he ran the red light.
Good luck. I hope this helps.
By the way, I think in determining fault, the insurance company will look at the "causal factor" listed on the report, and usually Party-1 (the first party listed) is the "at-fault" party."
Thank you for your answer it really helps. The other vehicle entered a left turn lane controlled by a signal which in this case was definitely red when he entered it since I was already moving forward on green. I will go back to the police department that took the report to discuss with an accident supervisor. My car was tagged as a total loss & I got $1600 for it when I had just finished paying it less than a year ago but that's another story. thank you again..
Thanks for all who answered everyone gave good hints & information for me to make a decision & keep fighting this issue.. thanks again...
If you had the green light, the other light had to have been red unless the light malfunctioned. But if you saw the other driver in the opposite lane completing his turn, you should have waited for him to complete his turn in order to avoid a collision even if he was running the red light. It seems unlikely that you didn't see him. I would fight this case, though, arguing that the other driver was running the red light and you, therefore, had the right of way.
green doen not mean go. it means proceed with caution.
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