Expert: Bennie719 - 12/8/2007

Question
My 18 y/o daughter was involved in an accident.  She was driving through an intersection with a yellow light.  A driver in front of her turned left in front of her.  She hit the front passenger side of his truck.  Her car appears totaled, his is repairable.  Initially, the police said he was clearly at fault for failure to yield.  At the scene, the other driver spoke to a "witness" who said my daughter ran a red light.  The speed limit is 45 and at the point of collision, the light turned red, but was yellow as she passed under it.  Is she clearly at fault or do they share the fault?  Thank you.

Answer
Hi Laura,
A lot depends on the credibility of the witness and if his statement became a part of the police report.
If the witness was in a different car or merely a pedestrian standing on the street corner, his statement will weigh heavily on the outcome of this accident.
If the witness was an occupant of the other car that was involved, then he is considered biased and his statement is worthless.
If the witness is creditable and unbiased, your daughter will most likely be considered 100% at fault.
I hope this has been of help, please write again if you feel that I can be of more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-08-07 3:12 PM PST