Accident: Who's fault?
#1
Accident: Who's fault?
My first incident after 12 years on the road. Just wondering if anyone with past experience would know who's at fault here. It happened like this:
Signals were red. I was in the lane right of the left turn lane and there was one car already stopped in the left turn lane. I'm not sure, but I was maybe 100 ft from the signal when I realized I needed to make a left turn, so I throw on my turn signal, see that there's no one next to me, and turn into the lane. In doing so, I cross a solid white line. Two seconds after I get into the lane, I feel a thump, and got rear-ended.
Anyway, there was barely any damage, only slightly visible on both cars. I have a small black line near the bottom of my bumper because it took a little paint off. We both decided that we'd probably just let it go, and not deal with insurance, but exchanged information just in case. He was entering the left turn lane and saw he had a while until he had to stop, so he took his eyes off the road for a second. He claimed he didn't see me turn in. I crossed a solid white to get into the lane. So, who's at fault here?
Signals were red. I was in the lane right of the left turn lane and there was one car already stopped in the left turn lane. I'm not sure, but I was maybe 100 ft from the signal when I realized I needed to make a left turn, so I throw on my turn signal, see that there's no one next to me, and turn into the lane. In doing so, I cross a solid white line. Two seconds after I get into the lane, I feel a thump, and got rear-ended.
Anyway, there was barely any damage, only slightly visible on both cars. I have a small black line near the bottom of my bumper because it took a little paint off. We both decided that we'd probably just let it go, and not deal with insurance, but exchanged information just in case. He was entering the left turn lane and saw he had a while until he had to stop, so he took his eyes off the road for a second. He claimed he didn't see me turn in. I crossed a solid white to get into the lane. So, who's at fault here?
#3
Well, regardless of whether the other driver was looking up or not . . . It sounds like you crossed over the white line and did not see the other car approaching from behind you on your left. One thousand one, one thousand two . . . 2 seconds is a very short period of time. Hmmmm . . . Sounds as if you might have cut that other poor bastard off. Sorry, just my 2 bucks.
Last edited by Andy2434; 07-21-2005 at 10:29 PM.
#4
#7
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#8
Originally Posted by Gman2004
I was always under the impression the person who does the rear ending is at fault.
Perhaps GS might enlighten us with a response. If someone breaches my path of travel within an unreasonalble distance, thus not allowing me time to stop . . . It's my fault?
#9
I guess I technically 'cut him off', but I honestly thought that I signaled and gave him enough time to see me turning in, but I guess not. He did say that he didn't see me at all, which means he wasn't watching the road in front of him. Say if you're driving in the right lane of a road, and some kid playing accidentally runs into the street and you hit him, I'm almost sure its your fault, because you're supposed to be watching the road and using discretion? I'm not blaming him, but thats just one of the ways I see it. Does anyone know how much it costs to get an ivory pearl coupe bumper painted? I'm in SoCal.
Last edited by GsUpHoesDown; 07-21-2005 at 11:45 PM.
#10
Originally Posted by GsUpHoesDown
I guess I technically 'cut him off', but I honestly thought that I signaled and gave him enough time to see me turning in, but I guess not. He did say that he didn't see me at all, which means he wasn't watching the road in front of him. Say if you're driving in the right lane of a road, and some kid playing accidentally runs into the street and you hit him, I'm almost sure its your fault, because you're supposed to be watching the road and using discretion? I'm not blaming him, but thats just one of the ways I see it. Does anyone know how much it costs to get an ivory pearl coupe bumper painted? I'm in SoCal.
#12
Originally Posted by GsUpHoesDown
He did say that he didn't see me at all, which means he wasn't watching the road in front of him.
Originally Posted by Jtrain
It was the fusking cop that came, Blame it on him
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#13
I can see this going either way.
1 - You shouldn't have crossed the white line. That is your fault in this.
2 - The other driver can be accused of not maintaining a safe following distance.
REASONING:
I was traveling toward Hampton, VA on I-64 in morning traffic. I was in the left lane, moving in a string of cars all moving faster than the traffic in the center lane, or the far right lane. I was much less conservative in my driving back then.
A hole opened up in the center lane, and a guy who had been following the string of cars in the left lane, behind me, decides he wants to pick up a few car lengths even though he isn't going anywhere any faster than he's already moving.
He darts into the center lane, passes about three cars - (I see him coming in my right rear-view), and then he is coming past me. I have about 2 car lengths between me and the car I'm following (morning traffic - I'm lucky to be able to maintain 2 lengths). His 'hole' is closing up so he decides to get back over into the fast lane in front of me. I see him coming and get into my brakes.
Too late. The car in front of him (the car I was following previously) hits his brakes hard for some unknown reason (like they always do during the morning rush hour) and the guy who just pulled in front of me plows into him HARD. I saw it coming and was standing on the brakes by now, and when he hit I made a beeline for the left median hoiping to pass the accident on the left. I didn't quite clear and the right front fender of my car impacted the left rear corner of his bumper.
In the aftermath I had to do some serious talking to avoid a ticket for hitting the guy in front of me, even though he cut me off. The cop said that regardless of traffic (and he admitted that it was impossible to maintain the 1:10 rule in the morning rush) it was MY responsibility to maintain the safe following distance required by law.
He didn't ticket me because the accident scene, witnesses, and skid marks supported my version of events. I don't know how it would have played in court though.
Sorry for being so wordy. I can see it either way.
1 - You shouldn't have crossed the white line. That is your fault in this.
2 - The other driver can be accused of not maintaining a safe following distance.
REASONING:
I was traveling toward Hampton, VA on I-64 in morning traffic. I was in the left lane, moving in a string of cars all moving faster than the traffic in the center lane, or the far right lane. I was much less conservative in my driving back then.
A hole opened up in the center lane, and a guy who had been following the string of cars in the left lane, behind me, decides he wants to pick up a few car lengths even though he isn't going anywhere any faster than he's already moving.
He darts into the center lane, passes about three cars - (I see him coming in my right rear-view), and then he is coming past me. I have about 2 car lengths between me and the car I'm following (morning traffic - I'm lucky to be able to maintain 2 lengths). His 'hole' is closing up so he decides to get back over into the fast lane in front of me. I see him coming and get into my brakes.
Too late. The car in front of him (the car I was following previously) hits his brakes hard for some unknown reason (like they always do during the morning rush hour) and the guy who just pulled in front of me plows into him HARD. I saw it coming and was standing on the brakes by now, and when he hit I made a beeline for the left median hoiping to pass the accident on the left. I didn't quite clear and the right front fender of my car impacted the left rear corner of his bumper.
In the aftermath I had to do some serious talking to avoid a ticket for hitting the guy in front of me, even though he cut me off. The cop said that regardless of traffic (and he admitted that it was impossible to maintain the 1:10 rule in the morning rush) it was MY responsibility to maintain the safe following distance required by law.
He didn't ticket me because the accident scene, witnesses, and skid marks supported my version of events. I don't know how it would have played in court though.
Sorry for being so wordy. I can see it either way.
#14
#15
Originally Posted by whyjay91
By law you're not at fault. Solid white is a 'recommendation' not to cross. Not a rule. Anyone whom rear-ends you is at fault. Bummer for guys that rear-end someone cutting them off but nonetheless you're of the hook.
In Ohio it means you aren't allowed to cross, ever!
Last edited by WRAH; 07-22-2005 at 11:42 AM.