If while trying to avoid an accident I had to go through a yellow light that was turning red and it resulted in my getting a ticket, do I have a case

Asked on February 19, 2013 under Accident Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, if you absolutely had to go through the red light to avoid an accident, you may have a viable defense--the defense of "necessity." (In many, but not all, circumstances, a person may violate a law to avoid physical injury.) Practically, it may be difficult to show this was in fact the case--though it would be worthwhile bringing up, since even if it does not operate as a complete defense in these circumstances, it may act to  mitigate (or reduce) your degree of fault and hence result in you getting a lesser ticket.

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