G35 Coupe V35 2003 - 07 Discussion about the 1st Generation V35 G35 Coupe

Accident: Who's fault?

Thread Tools
 
Search this Thread
 
Rate Thread
 
Old Jul 21, 2005 | 10:00 PM
  #1  
GsUpHoesDown's Avatar
Thread Starter
|
Registered User
Joined: Dec 2004
Posts: 486
Likes: 0
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?
 
Reply
Old Jul 21, 2005 | 10:02 PM
  #2  
player's Avatar
Registered User
Joined: Feb 2005
Posts: 1,030
Likes: 0
From: NJ, college @ IN
not sure and im in no way an expert but i think since you crossed the white line, it may be your fault
 
Reply
Old Jul 21, 2005 | 10:24 PM
  #3  
Andy2434's Avatar
Super Moderator
Staff Alumni
iTrader: (6)
Joined: Apr 2005
Posts: 11,717
Likes: 3
From: S.F. Bay Area
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; Jul 21, 2005 at 10:29 PM.
Reply
Old Jul 21, 2005 | 11:07 PM
  #4  
whyjay91's Avatar
Registered User
Joined: Feb 2005
Posts: 488
Likes: 0
From: Redmond, WA
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.
 
Reply
Old Jul 21, 2005 | 11:07 PM
  #5  
Gman2004's Avatar
Registered User
Joined: Sep 2004
Posts: 1,844
Likes: 0
From: Miami, FL
I was always under the impression the person who does the rear ending is at fault.
 
Reply
Old Jul 21, 2005 | 11:24 PM
  #6  
SinG35c's Avatar
Registered User
Joined: Apr 2005
Posts: 250
Likes: 0
^^^ditto.
 
Reply
Old Jul 21, 2005 | 11:30 PM
  #7  
Gee Im Fast's Avatar
Registered User
iTrader: (2)
Joined: Dec 2004
Posts: 4,032
Likes: 1
From: kazakhstan
Yep...rear ender is ALWAYS at fault.
 
Reply
Old Jul 21, 2005 | 11:33 PM
  #8  
Andy2434's Avatar
Super Moderator
Staff Alumni
iTrader: (6)
Joined: Apr 2005
Posts: 11,717
Likes: 3
From: S.F. Bay Area
Originally Posted by Gman2004
I was always under the impression the person who does the rear ending is at fault.
In most instances, I would agree with you. However, GS said that there was no one next to him/her. Only he knows if there was someone behind him coming up on his/her left. He could have very possibly cut this person off.

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?
 
Reply
Old Jul 21, 2005 | 11:38 PM
  #9  
GsUpHoesDown's Avatar
Thread Starter
|
Registered User
Joined: Dec 2004
Posts: 486
Likes: 0
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; Jul 21, 2005 at 11:45 PM.
Reply
Old Jul 22, 2005 | 12:25 AM
  #10  
Andy2434's Avatar
Super Moderator
Staff Alumni
iTrader: (6)
Joined: Apr 2005
Posts: 11,717
Likes: 3
From: S.F. Bay Area
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.
I appreciate and respect your candor. I am sorry to hear about your bumper. I trust that you will get it fixed soon and continue to enjoy your G.
 
Reply
Old Jul 22, 2005 | 12:27 AM
  #11  
Jtrain's Avatar
Registered User
iTrader: (12)
Joined: Apr 2005
Posts: 3,705
Likes: 7
From: South Florida!
It was the fusking cop that came, Blame it on him
 
Reply
Old Jul 22, 2005 | 10:28 AM
  #12  
madchef's Avatar
Registered User
iTrader: (3)
Joined: Dec 2004
Posts: 3,632
Likes: 13
From: Boston, MA
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.
The guy wasn't even looking where he was driving, if he admitted that to you then he knows he is at fault (prob why he was just peacy with not fixing anything) He is at fault.


Originally Posted by Jtrain
It was the fusking cop that came, Blame it on him
wtf?? Did you mean to post this in another thread? Because that doesn't make any sense at all. There weren't even any cops in this accident. But uh, thanks for your "input".
 
Reply
Old Jul 22, 2005 | 10:41 AM
  #13  
GeeWillikers's Avatar
Walking The Fine Line...
Staff Alumni
Joined: Feb 2005
Posts: 19,883
Likes: 128
From: The Lounge
Premier Member

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.
 
Reply
Old Jul 22, 2005 | 10:46 AM
  #14  
csdstudio's Avatar
Registered User
Joined: May 2005
Posts: 498
Likes: 0
From: MN, western subs
The rear ender doesn't always get blamed. Same thing happened to my wife, insurance blamed her and paid the other guy who I think purposely hit her to cover his previously damaged truck.
 
Reply
Old Jul 22, 2005 | 11:39 AM
  #15  
WRAH's Avatar
WRAH
Joined: Aug 2003
Posts: 5,708
Likes: 0
From: Columbus, OH (Area)
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.
Yes, but, by law your not allowed to change lanes 100ft from an intersection(some states its 200-1000ft.) Also it varies from state to state what I solid white line means.

In Ohio it means you aren't allowed to cross, ever!
 

Last edited by WRAH; Jul 22, 2005 at 11:42 AM.
Reply


You have already rated this thread Rating: Thread Rating: 0 votes,  average.


All times are GMT -4. The time now is 05:02 PM.