Legal Question in Personal Injury in New York

There is an intersection in my town controlled by a flashing traffic light. This light flashes yellow in the north south direction and red in the east west direction. I was traveling west and stopped at the stop sign. Cars parked along the street to the left of me obscured my view. Seeing no traffic, I proceeded. Upon entering the intersection a car traveling northbound struck my car on the driver's side. I am now being sued by the insurance company of the other driver. My question is, being that the other driver had a yellow caution light, and that he hit me, am I at fault?


Asked on 1/05/10, 5:33 am

1 Answer from Attorneys

A flashing red light is considered an equivalent of a stopsign. Generally, the driver with the stopsign is adjudged negligent in an ensuing intersection collision. However, this does not necessarily mean the other driver is blameless. There can be what is called "apportionment of fault". It would be up to a jury to decide the percentages of fault in such an accident. Best, M. E. Zuller

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Answered on 1/12/10, 8:06 am


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