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Right on red light accident

Discussion in 'Auto Accidents, Injuries' started by Telemoney, May 11, 2016.

  1. Telemoney

    Telemoney Law Topic Starter New Member

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    Jurisdiction:
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    I was driving on a New York City road where right turns on red light are not allowed except with permission. I went through a yellow light and a driver made a turn and we collided. He argued with me about my light being yellow and not looking clearly that he was turning. I told him that the obligation is his to look and be sure that he has a clear path to turn into oncoming traffic. We called a police officer who wrote up the ticket and wouldn't comment. He saw that the right side of my car and the front left side of his car were damaged.

    So what happens from here? I think that the police officer couldn't say or write anything because he didn't see the accident. But my research seems to support me and I think the damage on our cars shows what happened. If he has a red light and is making a turn, the obligation has got to be his before it is mine.
     
  2. army judge

    army judge Super Moderator

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    Sorry, you'll have to let a judge decide, or pay the ticket.

    The cop at least observed the scene, yet he said nothing.

    Even if someone agreed with you, it wouldn't mean a darn thing to the judge who will decide.

    In fact, if you tried to say, "Judge, some Internet dude said...."; you'd be cut off in mid-sentence.

    Good luck.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Ticket?

    Are you referring to a traffic citation? Who got cited?

    True. A driver making a right on red must yield to oncoming traffic. Hitting somebody means he failed to yield. That's negligence.

    File a claim with his insurance company for your damage.
     
  4. Highwayman

    Highwayman Well-Known Member

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    You're not providing enough information. Was the other driver permitted to make a right on red? There are very few intersections where this is permitted.

    Considering the dispute about whether you had a yellow or red light this may just be handled as a no fault case by the respective insurance companies.

    As far as a ticket... what ticket? For what?

    If you received a ticket for a traffic offense and the officer did not observe it then go to court and fight it, you won't have much trouble winning.
     

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