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The Crash.

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Negligence Per Se

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INITIATED A TURN FROM A THROUGH LANE.

A.R.S. § 28-751(2).  Left turns.  

The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle.  

TURNED AGAINST A PROTECTED RED-TURN ARROW.

A.R.S. § 28-645(b)(3). Red indication.  

Except as provided in subdivisions (b) and (c) of this paragraph, vehicular traffic facing a steady red signal shall stop before entering the intersection and remain standing until an indication to proceed is shown.  

FAILED TO YIELD TO ONCOMING TRAFFIC.

A.R.S. § 28-772.  Vehicle turning left at intersection.

The driver of a vehicle within an intersection intending to turn left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard.  

Causation

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TLDR:  Even if the defense can prove that Nicole was negligent in some way, it may only attribute fault to her if her negligence caused or contributed to the crash:

i.e., if reasonable care would have enabled her to avoid it.

Reconstruction

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Expert Report 

[click to download]

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C.V.

[click to download]

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