I was at a red light in Tucson AZ waiting to make a left hand turn at a 4 way light. There was only one car ahead of me at the light. Sometime while waiting a minute or two the light turns green. The car in front of me proceeds to to turn.
I’m next. I pull up to the line. Glance at the light to see if it was still green and glance at oncoming traffic. I saw green and there appeared to be plenty of time for me to turn.
I proceed with my turn. I almost fully complete my turn when suddenly I’m hit. Because I was nearly complete with my turn the other car hit me on my passenger side. But at the rear of my car (Between my rear wheel and rear bumper). The oncoming car seemed to be speeding and this gave me a false sense of security with my turn.
Cops are called and they give me a ticket for failure to yield. Im confused because I was nearly complete with my turn. I was essentially T-Boned, but towards the back of my vehicle. And my turn started from a full stop.
Does oncoming traffic really have no responsibility at all? Even when they’re speeding and or possibly running a light? At what point does the other driver have a responsibility to watch where they’re are going?
Every driver of an automobile has a duty of ordinary care, including keeping a proper lookout in the direction of travel. Usually, a vehicle making a turn has a duty to do so safely.
Arizona is what is called a “pure comparative negligence” state, which means that a driver can be assessed anywhere from 0% liability to 100% liability. This means that both of you can be found a percentage at fault for this accident if the circumstances dictate it.
However, having said that, the burden of care in these situations is on the vehicle taking the left turn. Unless you can prove that the other vehicle was speeding (which is very, very hard to prove) or that the other driver decided not to attempt to brake or swerve, etc. (also very, very hard to prove), you may be found 100% at fault for the accident.
I would simply let your insurance carrier do its job and complete the liability investigation. That is the very reason you have been paying insurance premiums. Let your insurance company earn its keep.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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