Who's at fault in this side impact collision?

by Joe
(St.Louis, MO)

I was making a left hand turn at a light that was a yellow yield, which I did. As I made the left a car came speeding through the light in the opposite direction and hit me in the middle of my truck.

Is this vehicle collision my fault or the other driver's, if they had enough time to see me?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Who's at fault in this side impact collision?":

Joe (St.Louis, MO):

Normally the driver who is directed by a traffic light or other official traffic device to yield must do so until traffic clears sufficiently so the yielding driver can safely turn.

If the police came to the scene and issued the other driver a citation for excessive speed, reckless driving, or failing to yield the right of way, you may be able to convince your insurance company not to accept liability and to instead fight the case on your behalf.

Alternatively, if you were issued a citation for failure to yield, or other similar citation you may be fighting an uphill battle, not with the other driver, but with your own insurance company.

The insurance business has no feelings. Their decisions are based solely on what is best for them, and that usually means paying as little as possible on claims submitted to them.

In the world of drivers and their insurance companies the hard truth is regardless of the feelings of their insured about who was at fault in the collision, ultimately it will be up to the insurance company to make the final decision to either pay the claim submitted by the other driver, or to fight back on behalf of their insured.

We urge you to contact your insurance company and do everything you can to convince them the collision was not your fault. If you are able to do that your premiums may not rise, or worse, your policy may not be cancelled.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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