Police Said Other Driver Doesn't Have to Maintain Control

[Shellybeckstrom]

My question involves a traffic ticket from the state of: Ia. I turned left after my light turned green I was almost completely through intersection when hit by a vehicle in my right rear fender and right rear wheel, it totally lifted my car up in the air and did a 360 my car stayed pretty much at the same area just turned around, the other car ended up clear across the intersection. I got a ticket for failure to yield, I asked the police if she should get a ticket, he said she didnt have to slow down or even brake, is it true you can slam someone when their rear end is crossing in front of you? Especially since I was about two feet from being clean through the intersection.

[PTPD22]

Let me make sure that I understand the scenario you are describing. You say that you were making a left turn on a green light. I have to presume that this was a round green light and not a green turn arrow. The other vehicle was traveling in the opposite direction from your original direction of travel (before you initiated the turn). Is that correct?

If all that is correct, the officer is also correct. When making a left turn on a round green (where such is allowed), the turning vehicle is obligated to yield to all oncoming traffic and cannot enter the intersection until they can do so without interfering with such oncoming traffic. That means you cannot enter the intersection until you can safely cross the intersection without causing any oncoming driver to need to slow down, swerve, or do anything else to change their established driving pattern.

Now, common sense tells us that the other driver should have braked to avoid the collision. However he/she was not legally obligated to do so.

[That Guy]

I think PTPD2 covered it nicely... But I'll add a few thoughts...

I got a ticket for failure to yield

Based on what you've described, the ticket is well justified...

Left turns are regulated under the following Iowa Code section:

321.320 Left turns — yielding.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard, then said driver, having so yielded and having given a signal when and as required by this chapter, may make such left turn.

[S13, §1571-m18; C24, 27, 31, 35, §5035; C39, §5026.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.320]
For applicable scheduled fine, see §805.8A, subsection 7
Additional penalties for violations causing serious injury or death, see §321.482A

I asked the police if she should get a ticket, he said she didnt have to slow down or even brake...

In theory, and from a stand point of legal obligation and compliance with the rules of the road, the officer is correct...

... is it true you can slam someone when their rear end is crossing in front of you?

That really is not an accurate interpretation of what the officer stated; At least that is not the lesson that is to be learned here. I don't know of anyone who would intentionally slam into someone when their rear end is in front of you. I think it would be a spontaneous natural reaction to try and avoid a collision...

But since you put it that way, if you do happen to slam someone when their rear end is crossing in front of you -when you have the right of way- then you are not legally liable for any damages that result.

[Shellybeckstrom]

Thank you for responding, the witnesses were sitting at the stoplight going in same direction of other car and said the light was red, also I had a green arrow to go left but the police said maybe I didnt proceed to turn fast enough.

[PTPD22]

Whoa! Hold the phone. If you had a green ARROW, then the oncoming traffic had a red light (presuming no malfunction). If you have witnesses that say the oncoming vehicle ran a red light, then bring them to court and fight this. If that is the case, the cop is wrong. As long as you entered the intersection while you still had a green arrow, YOU have the right of way to proceed through the intersection. It's just like a red light...as long as you ENTER the intersection before it turns red, you are good. You don't have to CLEAR the intersection before it turns red (unless it creates a gridlock violation).