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  1. #1
    Join Date
    May 2008
    Posts
    15

    Default Accident And Failure To Yield Citation

    My question involves a traffic accident in the State of: Ohio
    My 17 year old daughter was in an accident. She entered an intersection behind another vehilce on a green light waiting to turn left. While waiting the light turned yellow and the vehicle in front of her proceeded to turn left. She followed the vehicle in front of her and an oncoming vehicle sped up to go through the yellow light. She hit the oncoming vehicle in the front quarter panel and was cited for failure to yield. I asked the Police officer if the other driver (18 year old boy) would be cited for running the yellow light or possibly speed and he stated "no."

    Because she is only 17 we must make a court appearance. Any advice??

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Accident And Failure To Yield Citation

    Because she is only 17 we must make a court appearance. Any advice??
    Take an attorney with you.

    It sounds to me like she was cited fairly. It's not safe to turn on yellow, there's usually not enough time unless you're the first in line.

  3. #3
    Join Date
    May 2008
    Posts
    15

    Default Re: Accident And Failure To Yield Citation

    Thank you for your reply; however, she was already in the interesection prior to the light turning yellow. Therefore, she is required to clear the intersection. I guess my point is...if the light turned yellow while the car in front of her was still in the intersection there is no way the oncoming vehicle had even entered the intersection before the light was yellow. That being said I feel the other driver should have been cited for running the light.

    Any other thoughts if this is worth fighting?

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Accident And Failure To Yield Citation

    Well, unfortunately for your daughter, there is NO law against entering an intersection when the light is YELLOW. ORS 4511.13 states:
    Quote Quoting ORS 4511.13
    (B) Steady yellow indication:

    (1) Vehicular traffic ... facing a steady circular yellow or yellow arrow signal are thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic, streetcars, and trackless trolleys shall not enter the intersection.
    ...
    (C) Steady red indication:
    (1) Vehicular traffic ... facing a steady red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown....
    As such, the driver turning left must still yield to an oncoming vehicle entering the intersection on YELLOW.

    But, just so you know, even if the other driver had entered the intersection on RED, it would still be incumbent upon your daughter to yield the right-of-way. ORS 4511.42 (which is probably what she was cited for) states:
    Quote Quoting ORS 4511.42
    (A) The operator 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 any vehicle ... approaching from the opposite direction, whenever the approaching vehicle ... is within the intersection or so close to the intersection ... as to constitute an immediate hazard.
    In the case where the light had turned RED, the driver of the other vehicle might be cited for a red light violation, but that still does not mitigate your daughter's duty to yield.

    Good luck,
    Barry

  5. #5
    Join Date
    May 2008
    Posts
    15

    Default Re: Accident And Failure To Yield Citation

    Thank you. That's what I needed to know.

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