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  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Default Failure to Yield Accident

    My question involves a traffic accident in the State of: Illinois.

    Court is Monday! I was making a lefthand turn, going from westbound to southbound, on a yellow light. About 97% of the way threw the turn, I was hit by an eastbound car. I know that I am at fault 99% of time, but I am sure that he was speeding and that the light was red when he hit me. But, I am rather sure it was yellow when I proceeded. I don't believe he was issued a citation, and I don't think there were any witnesses.

    I am curious what will happen at court if I plead non-guilty. The cop was there well after the accident occurred. The damage to his car was minor (though the way his fender was bent, he may have been towed), but major (~$15,000) to mine. He basically hit the back passenger tire of my SUV.

    Should I go take pictures of where the accident occured? There were no brake streaks. Also, the area is poorly lit. Or should I just say that, "Your honor, I am aware that the turning party is guilty 99% of time time in these cases. But, it is my impression that the other driver was speeding to make the light, which had turned red before he could have cleared the intersection."

    I would say that I am 80% certain that this is what happenned. I mean, I am not making it up and believe what I am saying. That being said, could there be witnesses there to state otherwise? Will the other party be there? Or just the officer?

    Can I switch to guilty at some point? If the fine is increased, can I tell the judge that I was just laid-off?

    Any and all help/advice is welcome.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Failure to Yield Accident

    I cannot find a statute worded as clearly as I would like but...

    the only time a driver must stop is when faced with a solid red signal. The yellow is notification that a red is soon to follow but statute does not say a driver cannot enter the intersection on a yellow signal.

    You did infer the other driver had a yellow light when entrering the intersection.

    But, it is my impression that the other driver was speeding to make the light, which had turned red before he could have cleared the intersection."
    Since statute does not state a car must be clear of the intersection prior to the red signal, just not enter if faced with a solid red signal, that would mean you are 100% at fault.

  3. #3
    Join Date
    Nov 2008
    Posts
    2

    Default Re: Failure to Yield Accident

    Yeah-

    I may take pictures to seem prepared, but just talk to the DA beforehand and try to work something out...

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