Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)
LIABILITY
BROWN CAUSED THE COLLISION BY DRIVING THROUGH A SOLID RED LIGHT IN VIOLATION OF VEHICLE CODE § 21453(a).
This is a case of clear liability on the part of Defendant Brown and his employer California Gas Company. The California Highway Patrol confirmed Brown caused the collision, and violated section 21453(a) of the California Vehicle Code for running the solid red signal. Calif. Vehicle Code § 21453 (a): A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).
Investigating Officer Andy Williams: The conclusion that I came to was that Mr. Brown had drove through a steady circular red light and that Miss Martin had a green turn arrow, and she was broadsided while making her left turn.
In his deposition, Dan Brown admitted that he did not look at the light prior to entering the intersection and that he did not brake prior to impact with the Martins’ vehicle:
Q: On the date of the collision, as you approached White Road did you see the light turn red?
A: No.
Q: Did you see the light turn yellow?
A: No.
Q: Was the light green as you went through the intersection?
A: I did not see the light.
Q: Did you look at the light as you went through the intersection?
A: If I didn’t see it, I don’t think I looked at it.
Q: Did you brake before going into the intersection?
A: No.
Q: Did you brake at any point before you made impact with the plaintiffs’ vehicle?
A: No. (Brown deposition.) (See Part 5 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.