Any advice from OOT Traffic School? (MS Paint included)

[Badger]

So I made these awesome MS Paint drawings last week when I was waiting for software to install and forgot to post them. I think ticket/accident threads need MS Paint to make them somewhat OK instead of mostly sucky.

My girlfriend is on her way to work waiting to turn left at a T way intersection. Light turns yellow, then red, so she clears the intersection and whammy! Her < 1 year old car is nearly totalled. The other driver hit the rear right corner of her car. Also, the road curves about 200-300 yards ahead of the light. Speed limit is 45 MPH.





This happened in Texas. From some of the laws I've read it may be my girlfriend's fault as they are worded to like "proceed if it is safe to do so without resulting in a hazard or accident."

I couldn't find anything mentioning what happens after the light has changed red, however. This may be a moot point as the other driver claims she remembers only seeing a yellow light. She was nice, and apologized to my girlfriend after hitting her, and even admitted to speeding. She wouldn't admit this once the police showed up.

Nobody was ticketed for the accident. The cop mentioned he thought what my gf did was OK. Two friends I talked to about it, who are from the area (Austin), remember being taught in traffic school that waiting in the intersection to turn left, and clearing it on a red was legal.

Notes on the drivers:
The other girl was driving without a license, and may not even be legal to be in the country.
My girlfriend has a 100% clean driving record for the 8 years she's been driving.

My girlfriend mentioned they are trying to sue her now in an attempt to change her statement to saying the light was yellow.

So is my girlfriend screwed? The other car was insured by progressive. She is insured by All State. There are some further complications due to her recent move and the plan being purchased in Wisconsin, but I think that's irrelevant to this discussion. It may be relevant to her as she may be on the hook for whatever the other driver's insurance company does not pick up. The progressive agent yelled at her and was a world class a-hole before eventually admitting they would probably take at least half of the liability. My gf did a pretty good job of standing up to this guy pressuring her, trying to twist her words and yelling at her. Way to go Progressive.

Anyone have experience or advice for a situation like this?

[Nicholasp27]

u are supposed to be in the intersection in the left turn there during green so long as

a) u keep ur wheels straight
b) there is no backup of traffic on the road u are turning onto

then, once it turns yellow/red and cars from other side stop, u are to then turn left

if light was red when the blue car's front end crossed over the intersection, then blue car ran a red-light...if it was still yellow when front of car crossed over the intersection of the roads (not necessarily where the white line is), then it is all ur gf's fault

[Badger]

I wasn't sure if it was shared blame since technically they both ran a red light. Was it really red? I'd be willing to bet the farm on it, but all witnesses left the scene and what really happened doesn't really matter since they gave conflicting police reports. That's why I'm wondering how this might play out.

As I mentioned the wording of the laws I could find led me to believe the mere fact that an accident occurs make it my girlfriend responsible. I'll see if I can find it again.

[Nicholasp27]

the left turner is NOT running a red-light if they are already in the intersection waiting for an opening

[mrkilla]

as per my norm I've been in an accident like this

Basically its a 50/50 the person who hit her is suppose to be paying attention a little more to whats in front of them and most likely trying to beat the light.
Your GF however is making a turn instead of going straight ahead and "cutting off" traffic (your not but you understand I am sure) and your right its the wording thats going to get her. Cuase they will say she "should have saw her coming" and your GF did try to beat her to some extent but misjudged. The other car didnt come outa no where, your Girl saw it and said " I can make it" obv she couldn't.

When the guy t-boned me I was making the left and was found 100% fault, some guy said " I tried to beat the light and cut her off" yet the girl was flying and creamed me.

[Nicholasp27]

i agree that it'll either be no-fault due to conflicting stories or ur gf will get all the blame

i doubt she'll be totally off the hook since no witnesses stuck around to say that it was red


fwiw, i totalled my car when i was going through an intersection straight on green; guy turned left in front of me (he couldn't see if anyone was coming due to way street/hill/traffic was but just took a risk) and no witnesses stuck around and the guy told cop it was red light and i said green and it was a 'no fault' accident instead of being all on him cause he said it was red

it sucked for me because it was very green and it totalled the car and he lied so i wouldn't sue him, which i wouldn't do anyway...but i woulda liked it to be fair and be all on his insurance and not get a ticket myself

[tuq]

A woman caused a car accident. That's really weird.

I wish I could help more than stating the obvious above, but really it comes down to right-of-way, and if the gf didn't grab any witnesses then it's obviously her word against the other chick's, and good luck with that.

[Badger]

OK, so she didn't run a red light, but that's not proven as far as evidence is concerened. Here's what I turned up that caused me concern.

§ 545.151. VEHICLE APPROACHING OR ENTERING INTERSECTION.
(a) An operator approaching an intersection:
(1) shall stop, yield, and grant immediate use of the
intersection:
(A) in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign; or
…
(2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
…
(f) An operator who is required by this section to stop and yield the right-of-way at an intersection to another vehicle and who is involved in a collision or interferes with other traffic at the intersection to whom right-of-way is to be given is presumed not to have yielded the right-of-way.

[Badger]

Wow Nicholas, that sucks. Sounds good and bad as far as my gf's situation goes. Bad that she's getting screwed by someone lying, good that she may not get all the blame.

As far as it coming down to her word vs. the other driver's word does it matter that the other driver did not have a license?

Also, the cop let the unlicensed driver go on her way as her car was driveable as she was late to work. (Which is why she told my gf she was speeding in the first place)

[Badger]

[ QUOTE ]
..and your GF did try to beat her to some extent but misjudged. The other car didnt come outa no where, your Girl saw it and said " I can make it" obv she couldn't.

[/ QUOTE ]

This was not the case, she did not see her. I can't say whether it was due to the curve in the road and a car stopped in lane G (see diagram 2) or her not paying attention. I'll admit both are plausible.