I agree with Noisy Crow - I think it sounds like her fault ... she did not yield to oncoming traffic. You were travelling in the lane that had the right-of-way, she was turning across traffic.
I hate that situation, when some of the traffic stops (trying to be nice) to let someone cross. But the turning car takes a risk that not all oncoming traffic will see them turning across the travel lane, and if the turning car just keeps going without making sure traffic is stopped (or there is no traffic), then they are not yielding to cars that have the right of way. I've seen plenty of accidents caused under these conditions near where I work.
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So I had a little fender bender this morning and I'm still trying to figure out who's fault it was. (Or I'm trying to justify that it wasn't mine)
Basically I was on a 4 lane road with a middle turn lane and a right turn only lane. I was in the right turn only lane and was going to turn at the light. The woman I hit was coming from the opposite direction and was turning left from the center lane. There was a lot of traffic that happened to let her go and I didn't see her until it was too late so I swiped her rear bumper. No one was hurt and there was very little damage, I just don't want to end up paying for something that was not my fault.
So anyway, what does everyone think?
edit: oops wrong info...
I'm not sure about who has a right of way turning into a parking lot? I think it would the same as if it were an intersection. those crossing traffic have the right of way. but what do I know
If I were you I'd also go take a trip to the local dmv to see what they think...
I'm not sure about who has a right of way turning into a parking lot? I think it would the same as if it were an intersection. those crossing traffic have the right of way. but what do I know
If I were you I'd also go take a trip to the local dmv to see what they think...
Left turn across on-coming traffic into a parking lot? On-coming traffic has the right away.
Left turn across on-coming traffic into a parking lot? On-coming traffic has the right away.
I agree. Oncoming traffic includes a car making a right-hand turn as you were. Sounds to me like she was at fault.
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Yep. He was in the right-turn lane, driving with the flow of traffic, toward the intersection. The other person made a left turn in front of him (and two other lanes of traffic) to turn into the parking lot. The fact that it was a "right turn lane" is irrelavent: The other person crossed over the center of the road into the path of on-coming traffic.
Yep. He was in the right-turn lane, driving with the flow of traffic, toward the intersection. The other person made a left turn in front of him (and two other lanes of traffic) to turn into the parking lot. The fact that it was a "right turn lane" is irrelavent: The other person crossed over the center of the road into the path of on-coming traffic.
That's kind of my thought process on this. I think I'm going to wait for my insurance to call me when the other driver calls them. I guess we'll see how it goes.
always get a police report, always.
I got backed into in a parking lot on vacation years ago, I went in and called the police, got my camera out, took pictures of the damage on both cars and took extra pics of his car. he couldn't see out the back window at all. Pictures.
with many of todays cell phones, cameras are included.
turned out to be his fault. about 1 or 2 seconds more, he would have missed me.
always get a police report no matter how little the damage.
always, take pictures, I know people who carry a camera just in case of them or witnessing an accident.
actually i have seen a similar situation before where a car was waiting to turn left in the turn lane in heavy traffic and someone coming from the opposite direction decides to be polite and let the car turn but the turning car had to cross three lanes of traffic there was a car that came speeding up the farthest lane as he was turning and t-boned the turning car as he didnt see him turning and he was on a cell phone
well the cops said the car that was turning was at fault for taking away the speeders right-of -way and also the person who was kind enough to let the car turn was also at fault but he didnt stick around after the accident happened but in this situation sounds like you didnt look before you turned and assumed it was clear sorry jmho
actually i have seen a similar situation before where a car was waiting to turn left in the turn lane in heavy traffic and someone coming from the opposite direction decides to be polite and let the car turn but the turning car had to cross three lanes of traffic there was a car that came speeding up the farthest lane as he was turning and t-boned the turning car as he didnt see him turning and he was on a cell phone
well the cops said the car that was turning was at fault for taking away the speeders right-of -way and also the person who was kind enough to let the car turn was also at fault but he didnt stick around after the accident happened but in this situation sounds like you didnt look before you turned and assumed it was clear sorry jmho
I wasn't turning, was going straight. Here's my basic problem, if you're going through a gap in the cars driving a low-to-the-ground car (i.e. a mustang) and there's SUV's all around you, you should probably be real careful about crossing another lane where people might be. The thing is that I couldn't see her at all until she was in my lane, when it was too late.
I personally think she's incredibly lucky, the road I was on has a pretty high speed limit and at the point I hit her I'm usually going 45 - 50 mph. This time I was only going about 20 and was able to slow down before I hit her. I would have ended up t-boning that car HARD with her daughter in the passenger side.
you said you were in a right turn lane but if you were going straight and not turning and had the green light then its her fault for taking your right-of-way but if you were making a right turn then you must make sure its clear before you turn
Ah I see, the right turn only lane started about 100 - 150 yards before the intersection. I was not turning right, the intersection was still about 100 yards away.
She cut in between traffic, turning left, crossing your lane, and your mass energy quotient intersected her mass energy quotient in the same space time continuum.
She is at fault and owes you repairs to your vehicle. Period.
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