AboutTerry Godchaux Expertise I can answer questions about vehicle safety issues, vehicular counter-terrorism training, police pursuits in general (specifically for california), emergency response in general (specifically for california), criminal justice, and police academy training.
Experience I have recently retired as a Deputy Sheriff from California. I have served in Patrol, Investigations and Narcotics.
My last position for 10 years was assigned to our Regional Training Center at the Police Academy. I taught at the Academy and administrated the Emergency Vehicle Operations Course (EVOC). I also was a subject matter expert in narcotics and vehicle operations and training. I also served as a member of CalPOST.
I am a subject matter expert in vehicle operations, vehicle safety, code-3,
pursuit, and counter-terrorism operations. I have also served as a subject
matter expert for the California Police Officer Science and Training (CalPOST)
consortiums within the state.
Organizations
Former P.O.S.T. Board Member for EVOC
Former P.O.S.T. Board Member for Simulations
Former P.O.S.T. Board Member for the Sheriff’s and Police Academy
Former Instructor for the Las Positas College (A.J. EVOC)
Former Instructor for San Joaquin Delta College (A.J. EVOC)
Former Lead Instructor for EVOC at the ACSO Police Academy
Publications
Numerous within the S/O I had worked for.
Education/Credentials
Baccalaureate Degree in Pre-law
Management and Administration Certificate
Basic California P.O.S.T. Certificate
Intermediate California P.O.S.T. Certificate
Advanced California P.O.S.T. Certificate
California P.O.S.T. Crises Management
California P.O.S.T. Crime Prevention Training
California P.O.S.T. Advanced Crime Prevention Training
California P.O.S.T. Environmental Engineering School
California P.O.S.T. Drug Recognition Expert
California P.O.S.T. DARE Instructor
California P.O.S.T. Specialized Training Institute (CSTI) Tactical
California P.O.S.T. Firearms Instructor
California P.O.S.T. Driver Awareness Instructor (DAI)
California P.O.S.T. Pursuit Driving Training Instructor (DTI)
California P.O.S.T. Basic Motorcycle School
California P.O.S.T. Motorcycle Instructor
California P.O.S.T. Tactical Vehicle Instructor
California P.O.S.T. Dignitary Protection Instructor
California P.O.S.T. Counter-Terrorist Instructor
California P.O.S.T. Driver Simulator Instructor
California P.O.S.T. P.I.T. certification
Barricade Braking certification
California P.O.S.T. Counter Terrorism Driving School
Past/Present Clients I currently work as a contract Instructor for the Jutice Department when training needs concerning EVOC arise outside of the U.S.
Expert: Terry Godchaux Date: 7/9/2008 Subject: Traffic Laws
Question If I stop at a yellow light to avoid going through a red light and someone smashes into me, am I responsible? The reason I'm asking is, sometime back, I stopped at a yellow light with a photo-enforced camera, but the truck behind me was coming too fast to stop and I had to get out of his way to keep from getting hit otherwise he would have knocked me through the light. I've also been sitting still and drivers will charge past me and through the red light. Am I being too cautious or are they being too reckless? Who's at risk here?
Answer Hello William, and thanks for visiting AllExperts.
Although there are a few questions I need to ask, usually, you would not be responsible.
Firstly, you and everyone else using the roadway must drive in a manner that obeys all of the rules of the roadway and operates the vehicle with due regard for the safety of others.
What does this all mean you might ask?
Your primary task is to avoid collisions with people, vehicles and property at all times. If you must make a choice between public protection and obeying the law, it is acceptable in this case to temporarily violate the law in order to protect the lives of others along with their property. No court would ever find you liable for going through a red light, making an illegal lane change or similar example to avoid being hit by another vehicle or avoiding a pedestrian.
However, using the above example, if a driver was traveling too fast, reckless in the control of their vehicle or allowing distraction to prevent them from driving safely, then they can be cited if the court found that the situation was exasperated by those events.
In the case you had provided, the law requires you to stop unless doing so would have been impossible due to the timing of the light. Because you could safely stop without abrupt braking and remain completely in control, the law would have required this.
The law also requires everyone else who was behind you to drive at a speed and distance where stopping could safely be completed without colliding with your car.
Given this information, the truck would be fully at fault. Had you chosen to drive through the red light in this instance because you knew that you would be hit by the truck, this would have been acceptable as well.
Concerning your question regarding how to make future decisions, public safety must always take precedence. Where any action or inaction would cause harm to people or property, do what is safe and prudent to avoid it, regardless of the rules of the road.
The whole purpose of the Vehicle Code is to protect people and property. If your intended actions did just that, you have complied with the intent of the code even though you may have violated the letter of the law. I don't know of any judge that would put the letter of the law above the safety of those for who it was meant to protect.
A very long explanation, but I hope this has helped.
