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  1. #1
    Join Date
    Sep 2013
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    1

    Default Driver at Fault Lied

    My question involves a traffic accident in the State of: OH

    My husband and I were driving along a 35 mph road this weekend and started to turn left on a yellow. While we had already entered the intersection, the light turned red. About 2 seconds later and having the turn almost all the way completed, a van struck us out of nowhere going at least 50 mph. While going in for the turn, we saw the van at least 4-5 car lengths before the intersection. We have witnesses saying the van was going way over the speed limit (presumably thinking he could make the light, but obviously didn't have good depth perception). We also have a witness that was in front of us that went straight through the intersection. She told the officer that the van flew by her headed towards a yellow light (in her rear view mirror). I was the passenger in this accident and the van hit on my side rear tire and totaled our car. We were going probably 10-12 mph during the turn. There were no skid marks as the van never braked; he just swerved to avoid us. Our back window shattered, back bumper torn right off and back passenger door caved in half-way into the car. While we were already in the intersection when the light turned red, the van entered the intersection after the light had already turned red. To have the damage we did, there was no way he was going 35.

    He stated to the police that the light was green and he was going 35 mph. My husband got a ticket for failing to yield. Neither parties had an injury thankfully. I went to the hospital to make sure my pain was documented and not just covering a real injury while I was in shock. The people in the van walked to our side of the road but never said a word. We have insurance on our car, but did not have collision (but we have everything else like bodily injury, etc.). The car was old, so it wasn't a huge loss, just the loss of having a car to commute in.

    My question, I guess, is why were we given a ticket when the other car was clearly in the wrong. I wish there was a camera at this intersection, but sadly there was not. Any suggestions on fighting this ticket? I refuse to pay it and admit guilt when I witnessed the accident as well as dozens of other people. Can anything be done about the other driver making a false police report because he lied? And why did my husband get a ticket from a lie the other driver told? The officer didn't witness the crash.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Driver at Fault Lied

    while you say the other driver lied, he is saying the same about you. Now all you have to do is prove you are right and he is wrong.

    Did the cop interview anybody other than the occupants in your car and the occupants in the van?

  3. #3
    Join Date
    Sep 2005
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    Default Re: Driver at Fault Lied

    Were you cited under this statute?
    Quote Quoting O.R.C. Sec. 4511.42. Right-of-way rule when turning left.
    (A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.

    (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
    Given that language, it's possible to get a ticket for that violation even if the other driver is speeding toward a "late yellow", as the statute makes it your obligation to yield to an oncoming car that poses a hazard.

  4. #4
    Join Date
    Sep 2013
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    4

    Default Re: Driver at Fault Lied

    Well, at least in my state, you could be doing 100mph. If you're in the right, and someone pulls out and fails to yield, and you strike them or they strike you, it's their fault. Very similar case with me where I was traveling along a highway and a taxicab van attempted to enter my lane from a side street and struck the side of my car. It was his fault plain and simple. He swore up and down to the cops that I was speeding in my "sports car" (a Toyota Corolla is not a sports car) and it was my fault. I could almost see the cop rolling his eyes.

    Bottom line, and forgive me if I misunderstood the situation, is that your vehicle was attempting to make it through the light while it was yellow instead of stopping. Then the van came barreling through the intersection in an attempt to make the light and then struck you.

    Merely playing devil's advocate, it's ALMOST a push. You were doing something not-quite-right and so was he. Only difference is he was hauling a## doing it.

    If he truly ran the light and then struck you while you were in the intersection then that's a different story. I would go to court if you can and see if you can get a statement from any of the other people who saw it happen. If there were traffic cameras (you never know), you might see if you can subpoena the tapes.

  5. #5
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Driver at Fault Lied

    Quote Quoting CrystaF
    View Post
    While we had already entered the intersection, the light turned red. About 2 seconds later and having the turn almost all the way completed, a van struck us out of nowhere going at least 50 mph. While going in for the turn, we saw the van at least 4-5 car lengths before the intersection. We have witnesses saying the van was going way over the speed limit (presumably thinking he could make the light, but obviously didn't have good depth perception).
    If he was 4-5 car lengths before the intersection and with cars on average being 15 feet long = 60 - 75 feet away from the intersection.

    If he crossed that in 2 seconds means he was going approximately 30 to 37.5 feet per second.

    30 to 37.5 feet per second equals a speed of 20 to 25 mph.

    I am not sure how you were able to come up with a speed estimate for him of 50 mph but that would mean that he was either 8 to 10 cars away from the intersection (double your distance estimate) when your husband started to turn, or (half your time estimate) it took him 1 second instead of 2 seconds to reach the intersection and hit you.

    If he did in fact appear to be 1 second away before entering the intersection when your husband started to turn, then it was clearly your husbands fault for failing to yield and if you were going at approximately 10-12 mph then clearly it would have been much easier for your husband to stop than it would be for him to expect the other driver to stop from 50 mph or whatever speed he was going at trying to beat a yellow light. Which also means he was cited accordingly and correctly.

    Quote Quoting CrystaF
    View Post
    While we were already in the intersection when the light turned red, the van entered the intersection after the light had already turned red. To have the damage we did, there was no way he was going 35.
    I really am sorry but those are two reasons why your husband should have never made that turn. Seeing a car approach at what you described was a high speed,knowing the light will change shortly thereafter, all while coming at you with such force, and yet continue to meander along at 10-12 mph was wrong!

    Quote Quoting CrystaF
    View Post
    The officer didn't witness the crash.
    It is very rare fort an officer who writes a police report to have witnessed the crash he happens to write about. And you can bet that there are always two side to the same story, sometimes three side... Your side, the other side and the truth. And yet at the end of the day, most accidents happen because somebody broke the law and violated a traffic provision. And since there is conflicting testimony about how fast the other driver was going, since the best estimate of his speed is at best an inaccurate guesstimate that is not verifiable in any way, and yet everyone would agree, and the damage to both vehicles leaves no doubt your husband was turning, all while another vehicle was close to constitute a hazard, the logical conclusion is that it was your husband's fault and the citation goes to him.

    I think everybody was very fortunate that there were no injuries. That's good reason to be thankful and not complain!






    Quote Quoting WB22
    View Post
    If there were traffic cameras (you never know), you might see if you can subpoena the tapes.
    Everybody screams cameras nowadays and yet most people, when reviewing the same tapes they could swear would absolve them of liability, might end up realizing they made a big mistake asking for or making an issue about a tape.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Driver at Fault Lied

    Regardless of how the situation played out, hubby was in the wrong. He appeared in the same space as the van at the same time. Hubby had an obligation to yield.

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