Legal Question in Traffic Law in Missouri

I was in a car accident where a car made a left hand turn in front of me. The light turned yellow right before I entered the interesection. My truck was totalled in the collision. The other car did not have insurance. There were no witnesses and the other driver told the police that they waited until the light turned red to make the left turn, basically saying that we both ran a red light. Do I have a claim against them in court to collect damages since it's their word against mine? I only had liability insurance so my insurance company did not cover my damages.


Asked on 8/20/14, 6:36 am

1 Answer from Attorneys

Anthony Smith LawSmith

Based upon the facts your described, you seem to have a viable case. Even if the light was red, the other driver cannot turn until traffic is clear. If they were in the intersection while the light was green, there might be a chance that the driver can argue that you were 50% at fault. But, since he was turning, and you were going straight, it is his burden to prove that defense. Even then, their case may be weak. Sometimes one may turn right on Red, if the lane is clear. There is no allowance for turning left, as it by nature puts one into several lanes of traffic.

Hopefully, you called the Police, and they took a report at the scene. The other driver likely got ticketed for driving without insurance, and possibly failure to yield. You, or your attorney need to keep up with what happens in the other driver's traffic ticket case. You might be able to have the judge in that case order restitution to you as a precedent to accepting a plea deal between that driver and the traffic Court prosecutor. Hopefully, you can convince the the Prosecutor to make that part of any deal.

You say that you think you only have liability insurance. Have you checked with your insurer to see if you have uninsured motorist coverage? You might.

I suggest that you consult directly with a civil practice attorney, regarding this case. Do so soon, as your options may be limited, if you wait.

Good luck

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Answered on 8/20/14, 8:31 am


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