Hello Joshua,
You have a potential defence, although it is a bit complicated. There is a high onus on someone turning left across the path of oncoming vehicles, but if you believed that the way was clear but due to circumstances beyond your control it turned out not to be, there is a potential defence based on strict liability doctrine. You should contact our office via our inquiry process – you definitely need professional assistance for this case.
Best Regards
Kevin
Subject Other (any/all other driving charges)
Name Joshua
Inquiry I was involved in an auto collision while I was left turning, while the
oncoming car was driving through the intersection. I had entered and
stopped at the intersection on an amber light. I observed that 2 of the 3
oncoming traffic lanes were slowing to a stop, and the 3rd lane didn’t have
a car nearby. There were pedestrians that were crossing where I wanted to
go, so I proceeded slowly and then almost stopped again waiting for the
pedestrians. The light had turned red. 2 of the 3 oncoming lanes were
stopped. The 3rd lane now had a car going full speed through the
intersection (on a red) and hit my car. I got contract information of 2
witnesses who saw the oncoming driver run a red light. I texted one of them
as written evidence and submitted that to my insurance company. The
collision was reported at a self-reporting center. My insurance company was
not able to contact the witnesses after several tries. One of the witnesses
(the one I texted) had called in multiple times but was not able to reach
the specific adjuster. The other driver claimed she went through the
intersection on a green light and I turned in front of her. What can I do
to right this wrong? The insurance company issues their final decision.
Should I go through the OmbudService or how do I take this to court? Not
only is this impacting me financially, but this impacts me morally, as I
cannot believe someone would lie about the light color and frame me to get
off without liability. I did not receive a ticket, but any advice would be
greatly appreciated.