A northbound semi truck was making a left turn, while the northbound semi truck was making the turn, the light turn green for the southbound traffic to go right, straight or left. The vehicle in the second farthest left lane going striaght was stuck by the semi truck going eastbound . Was the car owner at fault for hitting the semi truck
while the car owner had the right of way or are the semi truck driver at fault for hitting the car for running the red light? Please note that the 2 vehicles mentioned was the only vehicles involved in the accident.
An attorney's job is to advocate for her client and render her client's narrative in the most favorable light. A neutral trier of fact makes a determination of fault, not an attorney.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
You state you were southbound and proceeding south after a green light and were in a collision with an eastbound driver.
You also first indicated a northbound vehicle was in the intersection turning left.
You apparently did not collide with the turning vehicle or your recall of the facts is off.
A northbound driver making a left turn is, in all instances, changing direction from northbound travel to westbound travel,not eastbound travel.
If you want you or your counsel to persuade an adjuster or a court or jury that your version is accurate, your version must first be plausible.
notwithstanding your rendition, there are still important facts and details which are missing which could, and would, impact on the question of fault. Given what you wrote, it is possible that a court or jury could find only one or both of the drivers to be at fault.
I agree with the answers above. Basically, a jury could find either (or likely both) of the drivers at fault.
Keep in mind that if the car driver sues the semi driver, then the attorneys for the semi driver will almost certainly hire an accident reconstruction expert to form an opinion about who is at fault - and that expert will say that it was the car driver's fault. If the car driver's injuries are severe enough, the car driver will need to hire an experienced lawyer to get their own expert on the case.
As the others have said, this one could go either way depending on other details missing from the description. For instance, though the car with the green light had "the right of way," it still owed a duty to use "reasonable care" to avoid a collision with the truck which was apparently still in the intersection. My off the cuff impression is that a jury would likely put "fault" on each driver. The jury would be asked to assess a percentage of fault on each driver, with the percentages totaling 100%. In Oklahoma, as long as your percentage of fault is less than 50%, you are entitled to collect from the other driver or drivers according to their percentage of fault. So, if in your case, total "damages" are $10,000 and the car driver sues the truck driver and the jury assesses 25% on the car driver and 75% on the truck driver, the car driver can collect $7500 (50% of his or her damages) from the truck driver. Though the jury is the ultimate determiner of damages and percentages of fault, a competent personal injury attorney should be able to help you assess the likely range.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements