My question involves a traffic accident in the State of: California
This accident took place on a major boulevard, at an intersection with three street lights. The elderly gentleman was exiting from an ENTRANCE which clearly had signs reading: (1) DO NOT ENTER and (2) WRONG WAY. Gentleman crossed into the major boulevard heading southbound, while east/westbound traffic had the green light and right of way. Being an elderly gentleman, he claimed he did not see the lights turn green (there are three lights on each light post - the first being a left turn signal which was RED, and the other two being straight traffic and these lights were GREEN).
I was heading east bound, driving at the speed limit, with the green light signaling to go-ahead (light was already green as I approached from a distance, and did not change until after point of impact). The case's witness was stopped in the same direction, waiting for the left turn signal to turn GREEN (four lanes in east bound direction - witness was in lane 1 (left turn lane), and I was in lane 3 (middle lane for ongoing traffic)). The elderly gentleman, headed southbound, disregarded the DO NOT ENTER / WRONG WAY signs, crossing the westbound traffic with no problem since there were no cars coming (they had a green light as well), and he stopped in front of witness to see if he had space to cross in front of eastbound traffic and make it into the parking lot across from him. Witness was in large pick up truck so the elderly gentleman's line of sight was obstructed, and I could not see him in front of the truck. The old man assumed no one was coming and that he had right of way, and when he accelerated, I was right there - T-bone impact at 40 MPH (my car), he must have been going 15-20 MPH.
My car was 10 years old with 80K miles, and I am sure it will be considered a total loss by insurance agency. Before moving to California, I invested $1,300 in servicing fees for the vehicle. Blue book value is $3,400 but a car comparable to the state mine was in will cost more than $3,400. Also, the damages brought upon myself because of this accident need to be accounted for (taxis to and from work and other important destinations). I am confident in the evidence of my case, but nervous the insurance company will try and short change me and that I will have to file a suit against the elderly gentleman.
Could you provide any guidance on this? I am young and this is my first car wreck, so I am looking for all perspectives.
Important Information:
- No police report filed as California law states if there is no injury, police are not required to file a detailed report.
- Witness testimony is strong and consistent with my story, "There's no way he should have crossed that intersection from that entrance."
- Elderly gentleman stated in conversation with police officer: "I don't know, there were some DO NOT ENTER signs there that were very confusing." - when asked why he decided to cross intersection.
- Elderly gentleman was driving with a Handicap tag, and wearing light sensitivity glasses. It was a beautiful and clear day in California at time of accident (10:30 am).
This accident took place on a major boulevard, at an intersection with three street lights. The elderly gentleman was exiting from an ENTRANCE which clearly had signs reading: (1) DO NOT ENTER and (2) WRONG WAY. Gentleman crossed into the major boulevard heading southbound, while east/westbound traffic had the green light and right of way. Being an elderly gentleman, he claimed he did not see the lights turn green (there are three lights on each light post - the first being a left turn signal which was RED, and the other two being straight traffic and these lights were GREEN).
I was heading east bound, driving at the speed limit, with the green light signaling to go-ahead (light was already green as I approached from a distance, and did not change until after point of impact). The case's witness was stopped in the same direction, waiting for the left turn signal to turn GREEN (four lanes in east bound direction - witness was in lane 1 (left turn lane), and I was in lane 3 (middle lane for ongoing traffic)). The elderly gentleman, headed southbound, disregarded the DO NOT ENTER / WRONG WAY signs, crossing the westbound traffic with no problem since there were no cars coming (they had a green light as well), and he stopped in front of witness to see if he had space to cross in front of eastbound traffic and make it into the parking lot across from him. Witness was in large pick up truck so the elderly gentleman's line of sight was obstructed, and I could not see him in front of the truck. The old man assumed no one was coming and that he had right of way, and when he accelerated, I was right there - T-bone impact at 40 MPH (my car), he must have been going 15-20 MPH.
My car was 10 years old with 80K miles, and I am sure it will be considered a total loss by insurance agency. Before moving to California, I invested $1,300 in servicing fees for the vehicle. Blue book value is $3,400 but a car comparable to the state mine was in will cost more than $3,400. Also, the damages brought upon myself because of this accident need to be accounted for (taxis to and from work and other important destinations). I am confident in the evidence of my case, but nervous the insurance company will try and short change me and that I will have to file a suit against the elderly gentleman.
Could you provide any guidance on this? I am young and this is my first car wreck, so I am looking for all perspectives.
Important Information:
- No police report filed as California law states if there is no injury, police are not required to file a detailed report.
- Witness testimony is strong and consistent with my story, "There's no way he should have crossed that intersection from that entrance."
- Elderly gentleman stated in conversation with police officer: "I don't know, there were some DO NOT ENTER signs there that were very confusing." - when asked why he decided to cross intersection.
- Elderly gentleman was driving with a Handicap tag, and wearing light sensitivity glasses. It was a beautiful and clear day in California at time of accident (10:30 am).
Other Violations: Other Driver Illegally Crossed Intersection and Right of Way, Causing T-Bone Accident
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