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Car accident other driver left turn and me going straight?

Hialeah, FL |

I was involve in a car accident that the police said it was no ones fault because we both said we had the green light. I was going straight West on a main intersection i had the green light and the other driver was coming North from the another road turning left to get on the same road as me of course to go East. He must have saw the green normal light from afar and got confused and try to take as i just got my green light like 10 seconds before i crossed and hit him. Story short. I said i had the green light he said he had the green arrow, no witnesses, no cameras, Police report says no ones at fault and insurance says they are going to do their own investigation? And that i may have been negligent because i could have avoided the car accident.

What would the outcome of this be?

I live in Florida.

Attorney Answers 9

Posted

Lawyers on Avvo can't determine fault from a posting. If you were injured, retain a local personal injury lawyer to investigate. If not, let your insurance company resolve it.

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Posted

It depends. It seems you that it's a he said she said type of accident. You have to get the sequencing of the lights. If you had at time of accident comprehensive and collision, you insurance company would take of your property damage.

Are you injured? If so, did you go to treatment?

Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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1 comment

Sagi Shaked

Sagi Shaked

Posted

forgot to add if you were going straight, you have right of way and there is a presumption the left hand turning vehicle is at fault.

Posted

The police officer was incorrect because even assuming you both had a green traffic signal the vehicle turning must always yield to a vehicle going straight. Consult an attorney to investigate the incident and cal your insurance company and demand they refuse to accept liability based on those facts.

Best of luck.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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4 lawyers agree

Posted

Fault determinations require a bit more analysis than we can do here on the computer. But, if you both had the green and the other driver crossed over into your lane, the rules of the road favor you. Police reports are not the final word. But, an insurance company's internal policies to delay, deny and defend are going to skew their view their way. Do not do this yourself. Here's why: [Blue Link Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Just because a ticket was not issued does not mean someone is not at fault.

First, because of the complexity of the new Personal Injury Protection laws, I would make sure you contact a personal injury attorney quickly to discuss your options.

Second, you don't need to worry about the lack of a ticket, since eventually if you need to you can go to court and let a jury decide.

At this juncture you're best served by speaking to an attorney immediately and then making a more informed decision as to what you may do. Feel free to call me or write if there are any other questions.

Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com

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6 lawyers agree

Posted

These type of scenarios, with no independent witnesses, can make proving liability very tough. What the officer meant was not that no one was at fault, as clearly someone was at fault. It's just tough to cite someone. In any event, the lack of citation is not even admissible in a personal injury action. I caught a big break recently in a case that is identical to your, but there was a red light camera and I was able to get the video that proved the other motorist was not at fault.

You need to consult with a personal injury attorney. You said that there are no cameras (did you check businesses too?), but there may be other ways of proving liability. Just a couple off the top of my head would be: 1) Would like to see the mobile phone statement of other party, and does he/she text a lot while driving; 2) What type of meds is other motorist on, and can they affect focus, etc. There is much more that would need to be looked into before forming an opinion on fault.

DISCLAIMER: Attorney Scott McPherson practices personal injury law in New Port Richey, FL, as well as the entire Tampa Bay area. He has experience litigating in State & Federal Court, as well as Florida's 2d District Court of Appeals. Answers provided by Attorney McPherson are not to be deemed legal advice, as it would be impossible to analyze the merits of a case based on a single forum question. No attorney-client relationship is created or implied by Attorney McPherson's responses.

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Scott Michael McPherson

Scott Michael McPherson

Posted

Correction, I was able to prove that the other motorist was at fault, and my client had the green light.

Posted

The outcome of this no one knows, and the only way to find out is to present your claim to the other driver's insurance company. The best thing to do is 1) get medical care if you are injured and 2) immediately consult with an attorney. Do not speak to the insurance companies.

Best of luck.

My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing the claim in the future. If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.

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Posted

There are Florida Statutes that control this scenario, I just tried a case involving very similar facts. These cases are difficult and you need an attorney to investigate and hire the proper experts to convince a jury that you are not at fault. I hope you were not seriously injured, but if you were, I hope you have already gone for medical treatment. Remember, just because a police officer did not make a determination of fault does not mean no one was at fault.

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Posted

If you were injured then you should consult a Florida Bar approved attorney specializing in personal injury. The attorney will want to determine whether there were any witnesses to this accident and, if so, he or she will want a statement from that witness. The attorney will also want to determine whether any surveillance cameras captured any footage of the vehicles prior to or during the accident.

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