Establishing Fault In Indiana Traffic Accident

[pphillips3]

this may take a minute, but i will try to describe this as clearly as possible

first, i am in Indiana

i am coming to a light that that is green, there are 2 cars in front of me, i would guess that i am about 25-30 feet from the light doing about 20-25mph as the light turns yellow. i know that if its yellow i should stop, but i have been through many yellow lights and knew that i had time. one of the cars in front turns right and the other goes straight (i am going straight as well).

i decide to go through bc i thought i had time. a driver is going to go accross the intersection straight across from my passenger side. he was already doing 20-30mph. i hit him in the drivers door and front part of his truck bed. because it was wet, his rear end slid around and hit a pole causeing a dent in the other bed side.

i pulled off, got out, went to his door, and before he noticed me i noticed him sitting there calmly looking through numbers in his cell phone. i tapped on the window and asked if he was all right. he slouches in his seat instantly gives me a look like he's seen a ghost, and shakes his head no. complained of his left side hurting and was taken to hospital. perimedics said non life threatening.

here is what i think happened on his part...i have done this several times and will no more...you know how you can sit at a light or be coming up to it and watch the other side and know its about to turn green? well i think thats what he did and anticipated that it would turn green when he got to the light. thats why he had speed on him.

there is a chance that the light turned red just as i past the line, but i do not think so.

the other guy has 2 or 3 whitnesses, i heard 2 of which said was my fault. one of them said i almost hit him, but yet he was traveling the same direction as the truck i hit. and he was parked heading the way i came from in a parking lot next to me. there is no way to get into that lot heading the way he said he was going. the one other whitness said that it was too quick to tell, and too quick for either to stop.

who's fault will this be considered and how bad am i in for?

also, can a news channel say on tv who's fault it is before a police report even comes out? they did, and said that police said it was my fault when there was no official report yet. can i use this to help me?

thanks

[pphillips3]

i also forgot to mention that i do not remember him wearing a seat belt. im sure that he will say he did. the only ones that would know for sure are the fire crew and perimedics, and even if they say it was off, he can say that he took it off after the accident.

i had someone tell me that i should get an accident lawyer about the whole thing and about the tv station.

also, i dont know if i remembered to say this or not, but the small pickup was owned by the county school corporation...which i think will hurt my chances.

also, i had a friend tell me that as of july of last year indiana issued that its illegal to enter an intersection on a yellow light. does anyone know if this is true?

[blewis]

Here's what I found. Indiana law states (in part)

(2) Steady yellow indication means the following:

(A) Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the related green movement is being terminated and that a red indication will be exhibited immediately thereafter.

(B) A pedestrian facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal, is advised that there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian may not start to cross the roadway at that time.

(3) Steady red indication means the following:

(A) Except as provided in clause (B), vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line. However, if there is no clearly marked stop line, vehicular traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, vehicular traffic shall stop before entering the intersection and shall remain standing until an indication to proceed is shown.

(B) Except when a sign is in place prohibiting a turn described in this subdivision, vehicular traffic facing a steady red signal, after coming to a complete stop, may cautiously enter the intersection to do the following:

(i) Make a right turn.
(ii) Make a left turn if turning from the left lane of a one-way street into another one-way street with the flow of traffic.

Vehicular traffic making a turn described in this subdivision shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic using the intersection.

(C) Unless otherwise directed by a pedestrian control signal pedestrians facing a steady circular red signal alone may not enter the roadway.

So, it's ONLY illegal to enter the intersection if the light is RED, not YELLOW.

Barry

[pphillips3]

thanks! that helps me out there.

does anyone have any advice on the tv crew, or to seek a lawyer, or just general advice??? it would help greatly.

what will help to hurt me is my age...21. however, i have never had a ticket or been in a wreck until now...but i doubt that will help me any at all.