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Old 09-19-2007, 09:12 PM   #17
tastade
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Actually, it does look like you forfeit your right of way while turning left. http://le.utah.gov/~code/TITLE41/htm/41_04107.htm This basically says that if you turn in front of a vehicle, and it hits you, you yield your right of way to them. The light state doesn't matter for this violation (it might be important for insurance).

The flaw in this logic is if you have a green turn arrow, and someone runs the light and hits you, it is your fault. That makes no sense, but it is how the law is written. And I see in the Green Arrow section (see section 305 in link further down) says that you must "cautiously" enter the intersection, even with the arrow.

I also notice in section 305.4, that a vehicle running the red light forfeits right of way, but only to another vehicle legally obeying a traffic signal, or to a pedestrian in a crosswalk legally. Since you also had a red light, that might not fly. I think the logic is, you forfeit right of way by turning left, but she does not yield right of way to you because you were also illegally in the intersection (that might be disputable).

She should have also been cited for running the red light. Then the insurance companies get to duke it out. Make sure you tell your insurance on your claim that she admitted running the red light. That is important. I would also go to the DMV and pick up a driving handbook, and see if it says anything about clearing intersections.

Here is a link to Utah traffic code: http://le.utah.gov/~code/TITLE41/41_04.htm
I am not a lawyer, and my statements are just my opinion. You should consult with someone familiar with the law in Utah.
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