I'm very sorry to hear about that.

You're right that a yellow light does in fact mean slow down and stop, but it's not like you're expected to come to a stop if you're going 45 mph and the light changes yellow 20 feet from the intersection. I think it's generally agreed that you have to slow down if you can't make it all the way through the intersection before turning red.

If the person ran the red light, you might have a case, but what were you doing turning right on red when there was a sign saying not to? Without them running it, I think it's very clear the other driver had the right-of-way. Even if there was no sign prohibiting right on red, anyone at a stop sign or red light yields to everyone else on the road. I know in Texas at least if you pull out into an intersection and are subsequently rear ended, you are automatically assumed to have not yielded the right-of-way and are at fault.

 

1. Were the authorities called to the scene?
2. If so, was a citation(s) issued and to whom?
3. Everyone insured?

It may be difficult to prove the amber
light in a court. UNLESS there was a camera in that intersection. Additionally, cell phone records can be.supoenaed...if you can show the other driver on the phone, you have a greater chance of winning. Talk it over with you agent. You may want to consider the aid of an attorney. Good luck!!!

 

Yellow depends. If you're too close to the light and think you can't stop in time, you can proceed.

That's what our law says, you may want to check yours.

1986, c. 91, s. 360.

361. Unless otherwise directed by a sign or signal, when facing an amber light, the driver of a road vehicle or any person riding a bicycle must stop his vehicle before the pedestrian crosswalk or stop-line or, if none, before the near side of the roadway he is about to cross, unless he has entered it or is so close to it that he could not stop in safety; he may proceed only when a signal shows he may do so.

 

Sorry to hear about your mishap. I was about to also post about our poor Elantra getting hit from the rear at a stoplight by a full size pickup. Not a good day for Elantras apparently.
Unfortunately, based on your description, you are turning on a red, so you are the one that has to yield. As long as no one was hurt, that's what really counts. Now, NJ has pretty screwy laws at times, so your outcome may differ, but in most states it is as I stated above. File a report and let the insurance companies do the legal work. If the other person was texting, talking on phone, etc, and NJ has those laws against that, then you may have that in your favor. Only the insurance companies and LE, in the course of investigation, could have authority to investigate that, but if no injuries occurred, they may not investigate at all.
I'm always amazed at how much repairs cost. Please post when you get estimates and extent of damage. I will likely do the same...our bumper is displaced a little, paint cracked, but trunk has to be slammed to close, and the tail lights no longer sit flush with the bumper. I'm afraid of what the real damage might be. Good luck.

 

sorry to hear that, but if you dont car black box you will lose this case for 101%.

I got mine video-recording device one year ago and it saved me from the court while it was actually my fault when car driven behind me flipped over from the bridge and a passenger got serous (broken neck etc... his car was totalled) However, since I got video evidence that I was making left turn and another vehicle was over speeding on the opposite side of the road I walked away..., but guy is gonna sue me for sure next year after he will come out from the hospital...however he will lose his case. You might spend around $250-350 for a good DVR but it is totally worthy a penny....than you afraid nothing!

 

Flatland- oops maybe i didnt explain correctly or i got very confusing with all my typing >_<. there was no sign that told me i couldnt turn on red. and from what i remember is that the person was maybe...about less than a half of a block away going regular speed when it turned yellow. speed limit is 25 or 40.


1. Were the authorities called to the scene? - yes she called 911 and had a cop come

2. If so, was a citation(s) issued and to whom? - im sorry but i dont really understand what you mean by this.. the cop came and i explained my story...but all just out of being scared i said it was my fault and stuff.....i was scared and i was in shock -_-. he checked our cars and then he went back into his car. came out with the police report reference card thing? and told us that we could pick this up 2 weeks or 1 from now. we told him not to give it to our insurance because we want to figure out what to do first. i think i have more damage on my front left bumper than on her side of her saturn suv.

3. Everyone insured? yes we both were up to date


State of New Jersey

4th paragraph down it says that running a amber no matter what is illegal. i know that she had enough time and space to stop for that amber.....so technically wouldnt that mean she would not have the upper hand on me even tho i hit her when i was turning while she was passing a yellow light?

 

Flatland- oops maybe i didnt explain correctly or i got very confusing with all my typing >_<. there was no sign that told me i couldnt turn on red.

My bad. I wasn't paying attention. Either way I think you're kind if screwed unless you can prove with video evidence that the person you hit actually ran a RED light.

Hopefully you can get it all taken care of without too much trouble.

 

afpj - i will surely post up the price for repairs on the bumper. hopefully its only the plastic that got damage and not the metal framework of the car -_-. sigh i wish there were after market bumpers so i can replace it with a better one ;]

right now i know on that intersection maybe 5 or 10 footsteps away is a trashcan which has a sign that says its being monitored by a camera [so ppl from apartments or stores dont throw away there trash in a public trash can]. i doubt it has footage of the lights.....but hopefully i get something =[

as for eye witnesses i had a friend in my passenger side. but i feel like its to late to say anything.....because i just ass kissed the cops saying oh yeah it was my fault [only because i didnt know what to do...it was my first accident]

i doubt my friends word would do any good at this point......

 

 

From what you said here, it looks like you're at fault as your law says you must yield to all incoming traffic.

If you argue in court that she didn't stop, I think the most the saturn lady would get would be a ticket for failing to stop at a yellow light, but you caused the accident.

Right Turn on Red
Unless a No Turn on Red sign is posted, New Jersey law authorizes a right turn on
a red light after a motorist comes to a full stop and checks for traffic. A motorist
must yield to all oncoming traffic and pedestrians before turning right at a red light.
Difficult-to-see vehicles, such as bicycles and mopeds, may have a green light, so
it is important for a motorist to be aware of their presence. (N.J.S.A. 39:4-115)
Always use a proper turn signal at least 100 feet before making any turn, and
cancel the signal after completing the turn. (N.J.S.A. 39:4-126)

New Jersey Statute Directory - NJSA 39:4-115. Making right or left turn

 

When you told the officer that it was your fault, you owned up to being the cause.
There is no way that you can now try and blame her in my estimation!
Sorry, but you should not say anything like that.
Don

 

You are at fault.
I assume that you are fairly new to driving. This minor accident will probably make you a lot more of an alert driver.
Never assume another car is going to stop, until it actually has and don't trust that other drivers are going to make a certain turn just because they happen to be signaling to do it.
Good luck.
Tom

 

Defensive driving is they key...although Offensive driving is more fun!

 

Love it. I never assume that someone is going to stop for me, or is not going to pull out in front of me. Because, 25% of the time, they seem to choose the path of the idiot...but I digress. :mellow:

 

well thx you all for the comments and i just realize that i was trying to find the easy way out of this hole situation and try to make it seem like it wasnt my fault. So ill stop pointing the finger at other ppl. This is just a lesson to be learned and for me to make better judgement and not assume the flow of traffic.

But i will post up the price for repairing the front bumper on the 2012 elantra when i get it. i just wish there were aftermarket front bumper =P.

anyways thank you all. always know that i can count on this forum =]. best luck to me tho..... =[

 

Up here in Ontario, and most other places I suspect, primary fault lies with the person who was turning across the path of another vehicle. The fact that the other vehicle ran a yellow (or even red) light might be a mitigating circumstance, but it does not allow you to "stop looking" and pull into their path.

Glad to hear that you weren't hurt.

 

It's been about a month since our accident and finally it's in the shop. I have discovered that our 2011 rear crash beam is not metal, but a fiberglass composite. It had the typical Styrofoam energy absorbing stuff under the bumper cover, then this fiberglass thing. It had multiple fractures in it and you can see and pull out fiberglass strands from those fractures. Our rear trunk lid also pushed in over a quarter inch, so the body rear end where the latch sits may be pushed in. The MINIMUM estimate for all this including a broken taillight assembly (a tab broke off so the ENTIRE assembly needs replacing) is about $1100. Will post updates just in case anyone else is interested. The cost of fixing cars nowadys is just astounding.