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Old 11-01-2005, 10:21 AM
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Originally Posted by 97BlackT\A
sadly, the law is against you as far as who is at fault. You were in the intersection under a red light.
We all know that you are expected to get through the intersection asap - it's obviously encouraged by the timing of the lights - but the law says the lane must be clear so you can get through.
If you have a major insurance carrier and they are not interested in going after the other driver, then that is a big indicator that it is not worth it. Unless she has the same insurance, in which case it is a wash for them.

Good luck, man.
I have to agree here. Your lucky your weren't cited, no cops around so good for you. I've been written a ticket for just such a move as you did. I didnt cause an accident but none the less there was a cop around and he didnt hesitate to write me. It wasnt even close either. The the other car actualy waited to go but the cop didnt care. This wasnt in the SS either. Your not going to win with an illegal driving act. I'm not rying to be a dick either, but you seem to be a little confused as to who the victim is here. You totaly jumped a light in front of traffic and caused the accident. Your rights are limited in this case, by your own actions. And you got huffy with Bobby because he pointed that out.
Ya I know I'm a dick for saying it but I'm also a Dad and cant help but instruct where it is needed.

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Old 11-02-2005, 12:48 AM
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Originally Posted by 99blancoSS
I have to agree here. Your lucky your weren't cited, no cops around so good for you. I've been written a ticket for just such a move as you did. I didnt cause an accident but none the less there was a cop around and he didnt hesitate to write me. It wasnt even close either. The the other car actualy waited to go but the cop didnt care. This wasnt in the SS either. Your not going to win with an illegal driving act. I'm not rying to be a dick either, but you seem to be a little confused as to who the victim is here. You totaly jumped a light in front of traffic and caused the accident. Your rights are limited in this case, by your own actions. And you got huffy with Bobby because he pointed that out.
Ya I know I'm a dick for saying it but I'm also a Dad and cant help but instruct where it is needed.

Not to be argumentative, but I did not have the red light, she did, until it changed, at which point we both had a green light, but I was occupying the intersection at that point in time, and the ORS clearly state that she should have yielded the intersection to me. I did not try to "beat the light."
811.260 Appropriate driver responses to traffic control devices. This section establishes appropriate driver responses to specific traffic control devices for purposes of ORS 811.265. Authority to place traffic control devices is established under ORS 810.210. Except when acting under the direction of a police officer that contradicts this section, a driver is in violation of ORS 811.265 if the driver makes a response to traffic control devices that is not permitted under the following:

(1) Green signal. A driver facing a green light may proceed straight through or turn right or left unless a sign at that place prohibits either turn. A driver shall yield the right of way to other vehicles within the intersection at the time the green light is shown.

(12) Yield signs. A driver approaching a yield sign shall slow the driver’s vehicle to a speed reasonable for the existing conditions and if necessary for safety, shall stop at a line as required for stop signs under this section, and shall yield the right of way to any vehicles in the intersection or approaching so closely as to constitute an immediate hazard. [1983 c.338 §609; 1989 c.539 §1; 1997 c.507 §6; 2003 c.278 §6]

I had a solid green light, with a yield sign. The Green arrow wasn't lit, but that doesn't mean that I should have to yield to a car that was stopped for a red light when I made my decision to turn. That's the catch. She also admitted in her statement to the insurance co. that she saw me, but "didn't think he was going to turn," and "all of the sudden" I was right in front of her. I didn't magically transport myself and my car there, she should have been watching what was going on in front of her.
I had the green light the whole time, because it only turns red if a pedestrian needs to use the crosswalk and pushes the "walk sign" button. This is a "T" intersection, with the bottom leg of the "T" going into the parking lot I was nearly into when she rammed me. Her light turned green, she rammed me. End of story.
The insurance company didn't want to litigate anything before the adjuster even heard my story and before they knew all the facts. It took me a while to get back to the intersection, figure out the lights at that intersection, and what exactly happened. It was just flat out easier and cheaper for them to just throw in the towel, put all the blame on me, and pay to fix my car. It's all about $$$$, they don't care how bad my car was f'd up, or what I have to go through, or even who's fault it really was.
The adjuster also tried to mislead me by referring me to this statute, which clearly refers to traffic approaching, (this is a verb which means moving,) as opposed to sitting at a red light, like she was.
811.350 Dangerous left turn; penalty. (1) A person commits the offense of making a dangerous left turn if the person:

(a) Is operating a vehicle;

(b) Intends to turn the vehicle to the left within an intersection or into an alley, private road, driveway or place from a highway; and

(c) Does not yield the right of way to a vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard.

(2) The offense described in this section, dangerous left turn, is a Class B traffic violation. [1983 c.338 §626; 1985 c.16 §313]


As I have stated before, the lawyer I spoke with is familiar with this particular intersection, and he says I have an "arguable" case. He also says it's not worth it to invest in arguing the case because a jury may or may not see things my way. The best I could hope for is 50/50, which makes the whole deal a wash. Besides, why should I fight for money to pay back my insurance company for fixing my car? It's cheaper and easier to just take the $500 deductible and $30/mo hit on my insurance and let it go. If my son or I were hurt, things would change dramatically, but that's not the case. Had I been on my motorcycle she would have probably killed me.
Yeah, if a cop was there he would have probably harassed me, but I would have argued with him, and the judge if necessary. I obeyed the law as it is written, she did not. I was careful, she was not. Her unlawful action caused her vehicle to hit mine, not the other way around. So please tell me again, who was the victim????
It seems to me that I got it twice, once when my car got hit, and once when my insurance company got to stick it's nose in the situation.
If you still think I am wrong, okay, that's your opinion. We can respectfully agree to disagree. I harbor you no ill will, I just thought maybe you should know "the rest of the story." Please also note that I never called anyone a name or went off on anyone in an attacking manner, my sarcasm and ranting were not meant to be directed at anyone here. I sorry if it came across that way to anyone. I'm pretty much through being mad about this, and it's time to move on.

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Old 11-02-2005, 08:25 AM
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Dude, She had the right of way and that law quoted above is for traffic that is still in the intersection from the cross street. And Yes you were trying to beat Her across the intersection, And you lost.
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Old 11-02-2005, 10:49 AM
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"Not to be argumentative, but I did not have the red light, she did, until it changed, at which point we both had a green light, but I was occupying the intersection at that point in time, and the ORS clearly state that she should have yielded the intersection to me. I did not try to "beat the light."

You were at fault for the whole thing with your 1/4 run from the light. You dont have the right of way she does, your turning in front of traffic and there is no way in hell you had the right of way without a left turn light and you know it otherwise you would have had a cop show up. Your lawyer friend is being nice to you and telling you what you want to hear and not telling you what I will; your lucky she's not suing you. Your also lucky you didnt get your kid injured. I wasnt going to be this way at first but you seem to have a real problem with accepting responsibility for your own acitons. Your lucky I'm not your wife or I woud have kicked your *** for endangering my kid in the way you did. The only thing you should be doing is kicking yourself for driving like and *** and almost getting your kid hurt. YOU DO NOT HAVE THE RIGHT TO TURN IN FRONT OF TRAFFIC WITHOUT A TURN LIGHT. You can argue that all you want but its pointless you'll loose. You already explained what you did and yes you jumped the light to get thru before anyone else with your how old of a kid in the backseat? Your lucky your not one of my personal friends, I'd never let you hear the end of it until I felt you learned from it, which you havent at this point. Can you say unsafe driving act? She could have you written up if she wanted to, I have, taken them to court and won. A common citizen can file a traffic ticket against another driver, you dont need a cop to be there at all. I wont say anymore on it, you obviously have issues with responsibility and fualt. You wont find anyone to agree with you accept a friend and they're just being polite. Be a safer driver next time, your kids life depends on it when they're with you. Wait that extra 30 seconds, leave a little earlier so you dont have to speed, do the smart things to be safe for you and your familys lifes depend on it, ok.

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Old 11-02-2005, 08:13 PM
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Yeah, okay, whatever. Where is all this hostility coming from, and why? You can please put me on your "Ignore list." Please refrain from more posts like the last one. Obviously I have pissed you off somehow, why else would you have personalized this this way? You and I both don't need the agrivation.
No one has the right to ram someone in front of them for no reason other than that they weren't paying attention EVER.
The statutes are under Rules of the Road, I did not take them out of context. They are left just as they appear. I have yet to see any statutes that contradict my position. Nothing about "Traffic", only the references to approaching vehicles you saw. These are the laws, and unless there's another set somewhere, that's the way it is. I think they speak for themselves.
I was not in a hurry. I was not driving like an ***. Believe me I have seen enough people doing that to know what it means. I rode my motorcyle for 5+ years and I'm still ALIVE, despite the numerous attempts made at vehicular manslaughter perpetrated by the general public against me. I made a decision based on the information I had available to me at the time I made it. I would do it again, because I fail to see why I should not go with my green light when the other vehicles are stopped by a red light for who knows how long. Yes, it had consequences, but those were created for me by the woman who was not paying attention. Maybe that's why it's called an accident.
I have said all I have to say on this matter. Obviously we disagree. I have no desire to listen to your opinions any longer. I don't need the agrivation of reading them, and you apparently don't need the agrivation of trying to convince me what an *** you think I am. I will consider the matter closed.
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