I was driving to work this morning down Highway 42 and as I approached the light at the Prospect Point Shopping Center the traffic light turned yellow. I looked at the intersection to make sure that there were no cars coming through the opposite direction and then I looked in my rear view mirror to make sure that I wasn’t being tailgated by someone in a hurry to get to work. I usually stop if I can, mainly because I have seen so many intersection accidents that turn into a swearing contest. I elected to stop as there wasn’t anyone behind me. I did not want to be in a traffic accident, whether it was being t-boned by a car running a red light or someone who rear ended me because they were following too closely.
Should I go or should I stop. What is the law in Kentucky? I guess there is no answer that covers every situation, but the Kentucky Court of Appeals recently addressed this issue in an opinion that is not to be published. Trent v. Telco Coal Corporation, et al out of Perry Circuit Court In a nut shell, the plaintiff stopped at a traffic light that had turned yellow. A coal truck that the plaintiff had just passed hit the plaintiff in the rear. The defendant stated that he was following too close and assumed the car would go through the light. As Felix Unger said “when you assume you make an ass of u and me”. You should always expect the unexpected.
The Kentucky Statutes requires a driver to operate their vehicle in “a careful manner, with regard for the safety and convenience of pedestrians and other vehicles on the highway”. The purpose of a yellow light only warns a motorist that the green movement is being terminated. There is no requirement to stop.
The court determined, among other things, whether the plaintiff violated any statutory duties in stopping at the yellow light. It was noted that a driver of a car that strikes another car in thee rear is not automatically liable. The plaintiff must prove that they did something wrong.
The jury found both drivers partially at fault. The real question for the Court of Appeals was whether the jury instructions were correct (which they were found to be), but we won’t go there because it is to far removed from my yellow light on the way to work.
The bottom line is being careful and aware of your circumstance while driving. You may be responsible for causing an accident if you stop at a yellow light. Always do what you can to avoid an accident. This will keep you, your family and others on Kentucky roadways safer.
Running a red light is dangerous for everyone on the road. I drive in downtown Louisville every day and there isn’t one single day that goes by that I don’t witness a red light being run by a car that either isn’t paying attention or is in a hurry. Whether it is texting and driving or being late for work, to a majority of the population in Louisville, Kentucky a yellow light seems to mean to press the right foot hard on the accelerator. If you have a green light you had better check to make sure that the coast is clear in the other direction or you could be broad sided and find yourself an auto accident victim. People are in a hurry and they are disregarding this simple traffic control device more and more often.
A few years I was waiting at the corner of Muhammad Ali Blvd. and 5th Street to cross. The white walker began flashing and I took one step from the curb into the crosswalk. Out of the corner of my eye I saw something and jumped back. This was just in time to see a bus miss my nose by about six inches. Once I started breathing again I thanked God for sparing me and said a few choice words about the bus driver. My point is you should assume that there will be a car running a red light. Whether you are a pedestrian, bicyclist, riding a motorcycle or in a car you are in danger anytime you go through an intersection.
Napa Valley, California has installed cameras at several intersections and has been recording violations and issuing warnings by mail to the violators for the last 30 days. Starting this past Saturday violators are getting a ticket for $435 and photographic evidence that they ran a red light. This evidence includes a color photo of the driver, the license plate, the traffic light changing to red before they entered the intersection and a final picture of the car in the intersection. Although I can see some due process violations I believe that these cameras would have a deterrent effect on those thinking of pressing hard on the accelerator and attempting to beat the light. There are warnings of the existence of the cameras before the intersection. I believe these cameras will save lives. It will be interesting to see the statistics after ninety days to see if this is the case.
Maybe it is time for Louisville to think about buying cameras for some of the busier intersections. I believe it can do nothing but make our Kentucky roads safer and help prevent many tragic auto accidents.
Have you ever been slowing down to stop at a red light when the car next to you goes flying by and runs the red light? I see it all the time. In fact I saw it happen to me this morning on Bardstown Road and it was a TARC bus to boot. Not only had the light turned yellow, but it was red when the bus entered the intersection. Thankfully, the cars coming from the other direction were not timing the lights or there could have been a horrible accident. Maybe I am more observant of this because of my line of work or because I have a daughter who will be turning 16 soon and will be let loose on Kentucky roads. The simple truth is that this is very dangerous and causes accidents. Many times these are car accidents, but often they will involve pedestrians, bicycles and motorcycles because they are less visible. These accidents can also involve more serious injuries. There will be the element of increased speed and the element of surprise.
If you have been in a red light accident you will also have additional problems determining whose fault the accident is. I often see accident reports where the police officer writes that there is no determination of fault due to conflicting stories. Both drivers swear that they had the green light and that the accident was not their fault. These swearing contests are difficult to prove unless you have a witness who stops and is willing to give a statement to the police. Without an independent witness your accident case will have a lower value. It will be difficult to convince the insurance company to settle or a jury to award you damages at trial.
My point is being careful out there. Traffic lights are there for a reason. Whether it is a traffic light, a crosswalk sighn or some other road sign you should pay attention to them. Stop when you are suppose to and you can avoid being in an accident. Drivers are in a hurry, talking on phones and just plain rude sometimes. Following the rules of the road and obeying traffic lights will prevent accidents.
