Notices
Automotive Discussion Automotive talk that is not technical can be posted here. Posts must address the general population.

Lady hit me and im at fault

Thread Tools
 
Old Jun 16, 2004 | 06:31 PM
  #41  
Orange_Fly_Bye's Avatar
Orange_Fly_Bye
Thread Starter
Registered Member
 
Joined: Jun 2004
Posts: 204
Likes: 0
Orange_Fly_Bye has disabled reputation
Default Re: Lady hit me and im at fault

yea i was gonna try that 2. Can someone tell me how to post pics so i can show u all how my car looked.
Old Jun 16, 2004 | 07:08 PM
  #42  
Capster78's Avatar
Capster78
Registered Member
 
Joined: Nov 2002
Posts: 941
Likes: 0
From: S.Korea Kunsan ABS
Capster78 is an unknown quantity at this point
Default Re: Lady hit me and im at fault

Originally Posted by vbgsx
yeah take your diver's ed book with you to court and win your case .
Defensive driving is a theory on the safest/best way to drive. It's not the Law.
Why don't you pick up a Va Code book and look up the Law. Then why don't you print off the section where it mentions "Defensive driving".

What I bet you will find is "Right of way". Let me put it simple for you. Person with green light has the right of way. The person that runs the red light is at fault. The judge and entire court room would laugh you out of court when you tell them.....yes your honor she had the green light and yes he ran the red light but it's her fault because she should have been a defensive driver and had seen him.

Your original post....

"Regaurdless!!" Regardless of what? Even if she had the green light and didn't see him...lol That makes it her fault if he ran the light? Yeah right.

Here's another simple consept that you need to grasp. It doesn't have anything to do with...if she hit him in the side or if he hit her in the side! Who hit who is a matter of "TIMING". If she had run the stop light a second earlier, he would of ran into her side/back/what ever. Lets say he ran the light. Well if he ran the light a second later, he would have hit her side/etc. Other things that can change the timing issue.....how big the intersection is, the delay on the light cycling between red one way and when the other direction turns green, the speed the vehicles are travelling, the list could go on and on. It's called "timing" not who's at fault.

On a side note, good luck orange_fly_by
When looking for witnesses, some people have actually put an ad in the paper. Fairly cheap and can't hurt
Not etirely true. So ill go back to my previous arguement!! This means that if someone runs thru a red light.. I have permission to sideswipe them. Yes, it is a matter of timeing. If she hit him in the side this means he was well on his way to the intersection before she pulled out. But of course she was probably A) talking on the cell phone B) Brushing her hair, messing with makup, looking in the mirror C) fiddling with the radio..D) late for her manicure and was not paying attention. She failed to look for oncoming traffic.

When your making a turn onto a main road you yield to oncoming traffic. Your light could be green and so could oncoming traffic at the same time. So it is the law no matter what color the light is to yield before you make a turn onto a main road.. unless of course its a large intersections with two main roads crossing each other. You will usually have a green arrow that will allow you to proceed thru the intersection without yielding (on green). Even then 90% of the time you get stoped by the light at the intersection before you make the turn.

Based on the facts so far

She admited going 45 around a turn (even if it was 25 or 30).. she did not yield.. and it was probably a secoundary road because at most major intersections you wont be able to make a turn at 45-30-20mph unless your the first in line at the light.. (And I dont know anyone who accelerates to that speed from a stop thru a turn after the light turns green) or your trying to beat a yellow light.. So this is my conclusion..

If it was a secoundary road she probably ran a red light or did not yield to oncoming traffic on the main road

If this was two main roads.. she ran a red ligh or was trying to beat a red light and lost.

Last edited by Capster78; Jun 16, 2004 at 07:34 PM.
Old Jun 16, 2004 | 10:02 PM
  #43  
vbgsx's Avatar
vbgsx
Try searching!
 
Joined: Mar 2004
Posts: 54
Likes: 0
From: VA Beach
vbgsx has disabled reputation
Default Re: Lady hit me and im at fault

Originally Posted by Capster78
Not etirely true. So ill go back to my previous arguement!! This means that if someone runs thru a red light.. I have permission to sideswipe them. .
That's not an arguement....lol Nobody said you have permision but you do have the right of way. If you proceed to enter an intersection(you have the green), someone runs the light and you run into the side of them, it's their fault. Now a smart driver(defensive driver) should look left and right before entering the intersection, but there is nothing in the law that says you have to. If you hit them, oh well as long as you have the right of way.

Originally Posted by Capster78
Yes, it is a matter of timeing. If she hit him in the side this means he was well on his way to the intersection before she pulled out. But of course she was probably A) talking on the cell phone B) Brushing her hair, messing with makup, looking in the mirror C) fiddling with the radio..D) late for her manicure and was not paying attention. She failed to look for oncoming traffic. .
I agree that someone wasn't paying attention. Because she hit him in the side doesn't mean he was well into the intersection before she started. It might imply that but you first have to see the size of the intersection and speed of the vehicles.

Originally Posted by Capster78
When your making a turn onto a main road you yield to oncoming traffic. Your light could be green and so could oncoming traffic at the same time. So it is the law no matter what color the light is to yield before you make a turn onto a main road.. unless of course its a large intersections with two main roads crossing each other. You will usually have a green arrow that will allow you to proceed thru the intersection without yielding (on green). Even then 90% of the time you get stoped by the light at the intersection before you make the turn..
I'm not sure what you're saying here(we may have the same idea but it's getting crossed in the traslation...lol)
Now you mention something being the Law. Please post it so we can read what you're talking about.
It doesn't matter what kind of road you are on or what kind of road it crosses. Any intersection governed by a traffic light, the green has the right of way. Even if you are on a minor two way RD getting ready to cross a main six lane RD. Green=Right of way.

Now correct me if I'm wrong here. From the story...
Orange is east on the Blvd
She is west on the Blvd
She gets into the left turn lane and makes a left turn crossing your path.
According to her and her witness, she had a green turn signal and Orange ran the light. Orange also validated that the turn lane has a turn signal(he stated it takes about 2 min.s for it to turn)
If she did have a green arrow, she has the Right-of-way and he is at fault. There is no arguement to this, if it happened like the above(I know Orange says he had the green).

Sec. 21-240. Right-of-way when turning left.
The driver 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 which is so close as to constitute a hazard; provided, however, that where there is an automatic signal device governing the flow of traffic at any intersection and allowing turns to the left while all other vehicular traffic is required to stop, any vehicle making such turn shall have the right-of-way over all other vehicles approaching the intersection. (code 1965, 22-124)
State law reference-similar provisions, code of virginia 46.2-825


Originally Posted by Capster78
Based on the facts so far

She admited going 45 around a turn (even if it was 25 or 30).. she did not yield.. and it was probably a secoundary road because at most major intersections you wont be able to make a turn at 45-30-20mph unless your the first in line at the light.. (And I dont know anyone who accelerates to that speed from a stop thru a turn after the light turns green) or your trying to beat a yellow light.. So this is my conclusion..
If it was a secoundary road she probably ran a red light or did not yield to oncoming traffic on the main road
If this was two main roads.. she ran a red ligh or was trying to beat a red light and lost.
Well the only fact in this last part is "he" says she admitted to taking the turn at 45mph. The rest is just an assumption. Well you did leave out there was an independent witness that says she had the green arrow and he ran the light.

I love to debate....lol

Last edited by vbgsx; Jun 16, 2004 at 10:06 PM.
Old Jun 16, 2004 | 11:08 PM
  #44  
Capster78's Avatar
Capster78
Registered Member
 
Joined: Nov 2002
Posts: 941
Likes: 0
From: S.Korea Kunsan ABS
Capster78 is an unknown quantity at this point
Default Re: Lady hit me and im at fault

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.
Old Jun 16, 2004 | 11:54 PM
  #45  
Orange_Fly_Bye's Avatar
Orange_Fly_Bye
Thread Starter
Registered Member
 
Joined: Jun 2004
Posts: 204
Likes: 0
Orange_Fly_Bye has disabled reputation
Default Re: Lady hit me and im at fault

Now correct me if I'm wrong here. From the story...
Orange is east on the Blvd
She is west on the Blvd
She gets into the left turn lane and makes a left turn crossing your path.
According to her and her witness, she had a green turn signal and Orange ran the light. Orange also validated that the turn lane has a turn signal(he stated it takes about 2 min.s for it to turn)
If she did have a green arrow, she has the Right-of-way and he is at fault. There is no arguement to this, if it happened like the above(I know Orange says he had the green).
-----------------------------------------------------vbgsx has it right sept 4 the lights.
SHe came off the blvd and didnt stop as he said. when she hit me i spun and did a 180 and was pointed head on at traffic. now i dont know wat anyone else would of done but i looked right away at her light witch was red. IF ANY body wants to go to this intersection its on the blvd where the ford and the bank is, that 2 way road is called mustang trl. her car was parked there on the wrong side of the road when she didnt stop (like ur suppost 2, i did right in the middle of the damn blvd) she parked her car on the bank side of the road facin the wrong way.

P.S should hopefully get my civic back thursday havnt had it for 5-6 weeks anybody goin out friday pm or post it, want to meet some of u guys. and its just a stock civic.
Old Jun 17, 2004 | 12:04 PM
  #46  
vbgsx's Avatar
vbgsx
Try searching!
 
Joined: Mar 2004
Posts: 54
Likes: 0
From: VA Beach
vbgsx has disabled reputation
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.
Old Jun 17, 2004 | 12:53 PM
  #47  
themacuser.org's Avatar
themacuser.org
i got 5 on it
 
Joined: Mar 2003
Posts: 14,632
Likes: 0
From: voting booth
themacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these partsthemacuser.org is infamous around these parts
Default Re: Lady hit me and im at fault

Originally Posted by Orange_Fly_Bye
now i dont know wat anyone else would of done but i looked right away at her light witch was red.
No you didn't.

Who gives a fuck if she's parked illegally if she's out of the middle of the road? I hate motherfuckers like you that get hit, car is still semi-driveable, and sit fucking sideways in the middle of the day on one of the busiest roads in the entire state of VA.. just so the cops can see where you ended up. The cop doesn't give a fuck where you ended up. I woulda given you a ticket for impeding the flow of traffic for leaving your piece of shit Civic in the middle of fucking rush-hour traffic causing every motherfucker on that road to have to swerve around you. [/pet peeve rant]
Old Jun 17, 2004 | 03:51 PM
  #48  
Orange_Fly_Bye's Avatar
Orange_Fly_Bye
Thread Starter
Registered Member
 
Joined: Jun 2004
Posts: 204
Likes: 0
Orange_Fly_Bye has disabled reputation
Default Re: Lady hit me and im at fault

^really mad
Old Jun 17, 2004 | 07:03 PM
  #49  
Capster78's Avatar
Capster78
Registered Member
 
Joined: Nov 2002
Posts: 941
Likes: 0
From: S.Korea Kunsan ABS
Capster78 is an unknown quantity at this point
Default Re: Lady hit me and im at fault

[QUOTE]
Originally Posted by vbgsx
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.
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,

Im not misreading the law. It sais you must come to a complete stop if there is traffic in the intersecion or approaching within 500 feet of an intersection. Meaning, you must make sure the intersection is clear regaurdless of what color your light is. You don't necissarily have to stop, You just have to stop if there is traffic MOVING thru the intersection or is moving withint 500 feet of the intersection. If they are at a complete stop and you have a green light then you may enter the intersection, but you still have to make sure the intersection is clear before proceeding (yielding to traffic that may still be on the main road). Ever been on jefferson ave when the traffic is so backed up there are still vehicles in the intersection after the light has turned red. So I guess if I had the green light I could just plow into whoever happens to be stoped in the intersection because the signal sais so.

And we are basing this whole arguement off of an assumption that he ran the red light.


There are many traffic laws that are up to the interpretation of the officer.. It sounds like the officer was just in a hurry to get the ticket written and get out of there without completly investigating the accident.

Last edited by Capster78; Jun 17, 2004 at 07:12 PM.
Old Jun 17, 2004 | 07:20 PM
  #50  
Orange_Fly_Bye's Avatar
Orange_Fly_Bye
Thread Starter
Registered Member
 
Joined: Jun 2004
Posts: 204
Likes: 0
Orange_Fly_Bye has disabled reputation
Default Re: Lady hit me and im at fault

yea he was, after all the stuff was done and i was walin up to my sisters car to go home, the cop goes to the other cop sayin ok finally we can, and thats all i heard but no matter wat he said he was very rude.



All times are GMT -8. The time now is 03:36 AM.