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  1. #1
    Join Date
    Mar 2010
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    3

    Default Yellow Light Accident, Failure to Stop

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

    I was waiting on veteran ave to turn left onto gayley ave and since it is a one lane street on all directions there was a car on the opposite direction waiting to turn right so it held back all the cars so there was no incoming traffic on veteran ave. I did not want to risk it so I waited until it turned yellow to turn. As I am about to complete my turn I see a car speeding towards me (on veteran) and hits the back of my car (which I was already on gayley). I stopped to exchange information. I reported a claim to his insurance and two weeks later they deny my claim saying it was my fault because the cars straight have the right of way, but when I turned there was no incoming traffic which made it safe for me to turn left. No police report since he agreed it was his fault and were willing to exchange information.

    Can I argue that he ran a yellow light which caused the accident?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Yellow Light Accident, Failure to Stop,

    until the light turns red, the straight through traffic does have right of way. If you were not able to clear the intersection before the guy hit you, you were at fault.

  3. #3
    Join Date
    Mar 2010
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    3

    Default Re: Yellow Light Accident, Failure to Stop

    but when it turns yellow, doesn't it mean to stop? And if you can't do so to proceed with caution?

  4. #4
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    Default Re: Yellow Light Accident, Failure to Stop

    Quote Quoting jgrag001
    View Post
    but when it turns yellow, doesn't it mean to stop? And if you can't do so to proceed with caution?
    No. it means there will shortly be a red light. A red light means do not enter the intersection.


    21452. (a) A driver facing a steady circular yellow or yellow arrow
    signal is, by that signal, warned that the related green movement is
    ending or that a red indication will be shown immediately
    thereafter.
    .
    21453. (a) A driver facing a steady circular red signal alone shall
    stop at a marked limit 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 stopped until an
    indication to proceed is shown, except as provided in subdivision
    it is not illegal to enter the intersection with a yellow light. It is only a warning that right of way is about to end. It is illegal to enter an intersection with a red light. Until the other driver was faced with a red light, he had right of way.

  5. #5
    Join Date
    Mar 2010
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    3

    Default Re: Yellow Light Accident, Failure to Stop

    From my knowledge I know it is not illegal to enter an intersection on a yellow light, but you can be ticketed if you did so improperly. If you speed up to make it through the light, even if you make it through, even if you don't break the speed limit, you can be ticketed for reckless driving.

    If the car is not entirely across the intersection when the light turns red, that's a ticket able offense.

    He entered the intersection after me so when he hit me fifteen feet from where started going, in which the light was already red.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Yellow Light Accident, Failure to Stop

    =jgrag001;403405].

    If the car is not entirely across the intersection when the light turns red, that's a ticket able offense.
    Not according to the statutes of your state.

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Yellow Light Accident, Failure to Stop

    This has more to do with "failing to yield the right of way" than with a "red light violation".

    Quote Quoting jgrag001
    View Post
    As I am about to complete my turn I see a car speeding towards me (on veteran) and hits the back of my car (which I was already on gayley).
    It is your responsibility to ensure (before making your turn) that your movement will not interfere with oncoming traffic. Failing to do so can be construed as a failure to yield on your part. And apparently, that is the approach that his insurer is taking.

  8. #8
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Yellow Light Accident, Failure to Stop

    No such thing as running a yellow in Cali. The left-turner has the absolute duty to ensure his turn can be made without interfering with other traffic.


    You say when you turned there was no incoming traffic. There why was there an accident? Where did the car come from? To quote the attorney from a PI case I was witness to: "My client's car is not equipped with a cloaking device. It was not dropped by a hovering UFO 20 feet before the intersection. Just because the defendant did not see it does not mean it wasn't there - he just didn't see it."

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