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Old Jun 17, 2004 | 12:04 PM
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Joined: Mar 2004
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From: VA Beach
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Default Re: Lady hit me and im at fault

Originally Posted by Capster78
Here is a law that supports my theory


§ 46.2-863. Failure to yield right-of-way.

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.
lol....What do you think a traffic light is? It's a sign/traffic control device! It's a sign that gives the right of way. Just because it's electronic doesn't make it something else.
You're just misreading the code. In bold....now if I read that code wrong, like you did, everybody should STOP before they enter from a side Rd even when they have a green light and the highway has a red. Wrong(green never means stop, although you may have to watch/yield to drivers coming the opposite direction that also have a green light, uless you have a green arrow). Any intersection governed by a traffic light(no matter what size the Rd/intersection is), the light is the device/sign that governs who has the right of way.

§ 46.2-833. Traffic lights.
A. Signals by traffic lights shall be as follows:
Steady red indicates that moving traffic shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow. Green indicates the traffic shall move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection., Steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared. The amber signal is a warning that the steady red signal is imminent.
Flashing red indicates that traffic shall stop before entering an intersection.
Flashing amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances


In bold...shall move in the direction of the signal and remain in motion.
Shall yield to other vehicles and pedestrians "lawfully" within the intersection. If he ran the light, he was not lawfully within the intersection/vice versus.

Sec. 21-294. Required obedience.
(a) The driver of a motor vehicle shall obey and comply with the requirements of road signs erected upon the authority of the state highway and transportation commission, proper agencies of the federal government or the director of public works.
(b) No provision of this section relating to the prohibition of disobeying road signs or violating local traffic signals, markings and lights shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such sign, signal, marking or light is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(c) The failure of any such driver to obey such signs, signals, markings or lights or to comply with the provisions of this section shall constitute a traffic infraction.


And Orange, I do understand that you say that you had a green light and she ran the red. Just because you looked up after the accident doesn't mean the light didn't cycle back to red before you looked up.
Now, the burden of proof is on the state to prove you guilty.
Does the state have proof that your light was red? Witnesses, etc?
Was the traffic light functioning properly? Did the Officer study the light from both directions to verify the light was functioning properly?
The Officer can not testify to what you did because it's an accident that did not happen in his presence. He can only testify to his observations after he arrived (pos. of veh's, other visual evidence) and have his witnesses testify to what they saw.
Your attorney will verify all of the above.

Good luck either way

Last edited by vbgsx; Jun 17, 2004 at 12:22 PM.