Legal Question in Personal Injury in California

With no witnesses, it is simply your word against hers. Just to make it perfectly clear, if she completes her turn after the light turns red, then she is NOT "running" the red light. That's what a left turn driver is supposed to do: wait in the intersection until the light turns red, and then complete the turn. The whole case turns on the question of the color of the light. Did she turn before the light was red, or did you run the red? It will be a credibility contest between the two of you--whoever comes across as lying, loses. If it's a "tie" (if the jury can't decide who's lying) that means the one bringing the lawsuit loses, because it's the plaintiff's burden to prove the case "more likely than not" (i.e. by 51% or more, so a 50/50 tie isn't good enough).

Mr. Stone-Molloy is mostly right. All that matters is if you entered the intersection on red or not. The other driver, having entered the intersection not only had the right of way to complete the left turn, they were obligated to complete the left turn to clear the intersection, once the light was red. So if the light was green or yellow when you entered the intersection, the other driver was at fault. If the other driver was correct and the light turned red before you entered the intersection, you are primarily at fault. Where he is wrong is that if the jury can't decide it is automatically a win/lose. California is a proportional liability state. The jury can allocate liablity anywhere from 99%-you 1%-them, to 1%-you and 99% them. So, for example, the jury could find the other person can't prove the light was red, and you can't prove it was green, so she loses, but that you could have avoided the collision somehow, so you are, say 15% at fault. Conversely, they could find they believe the other driver that the light was red, but that she should have seen you were not slowing down and waited, making her 45% responsible. So there really is no cut and dried liable/not liable in these cases.

We have made a preliminary evaluation on your case with the information you have provided, and even though it seems like this case may be your word against hers, we believe you still have the upper hand on this one. Please feel free to contact me directly at 310-295-2026 as I would like to take the opportunity to further discuss this matter in detail with you.

Your may be entitled to the following at no cost to your pocket:

� Physical Therapy and rehabilitation

� Compensation for your damaged property

� Compensation for loss of earnings

� Compensation for pain and suffering

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