m82492

I got hit today. The right side of my 8 looks like it was sideswiped. I can't drive it because the right front tire is cocked slightly out of alignment which could be a bent rod or numerous other things. The front of the car that hit me slid down the entire right side until I came to a complete stop.

Was this my fault? It's driving me nuts wondering.

I had just pulled into a left hand turning lane. Traffic in the lane going straight was backed up. The point at which I pulled into the turning lane was marked with a left hand turn arrow which I crossed just as this gut pulled out of a side road from my right. He had been waved through by a car sitting in traffic that had let him through. He pulled through into the turning lane to take a left and in turn ran directly into me. The problem I have with this is the arrow I was hit at was the turning lane to turn into a semi abandoned parking lot. I was actually going to turn about 100 ft down further to get on a highway at a light. The turning lane for that light didn't begin for another 25 - 50 ft from where I was hit.

Does it matter where I intended to turn? I was in a turning lane when this guy pulled out into the lane ( which he was waved into by another motorist because he had no field of vision either direction when he pulled out). If I would have turned into the parking lot he would have hit me anyway. The cop didn't cite me or the other driver but he said I was in the turning lane too soon even though it was clearly marked with a left hand turn arrow.

Am I screwed or will this guy be paying to repair my car?

BlueEyes

Sorry to hear that man.
You were turning into the parking lot though, you had to turn around, forgot something maybe?

I don't think you can be held at fault if you were clearly in a turning lane. They can't hold you at fault because they don't "think" you were going to turn there, you were in a clearly marked lane, period.

You should carry a camera of some sort with you (cell phone, PDA etc) to take pics of accident scenes, should it happen again. Helps with stuff like this.

Dinhx8

First, sorry to hear that man, glad you're okay. did the officer write up a report? if so, someone should be at fault I would assume.
I don't think you are at fault, I think the issue here is either way, you would have been hit.

Had you not intended to turn left a bit early, you would have avoided the accident -, yes, so its your own personal fault in the sense that you could have avoided it. But its his fault legally i would think in the sense that he hit ya.

I would just stay quiet on your intentions, and just say that anyway you cut the cake, he shouldn't have hit you regardless of your intended path.

Crashworx

Hey Mate,

Sorry to hear about the accident.
I'm not sure about the states .. .but in Australia something like that would clearly be the fault of the other driver because he was entering traffic ...

i wouldn't worry about it .. just focus on getting your 8 back into shape as best you can.

m82492

Thanks for the input guys. Yes I would have avoided it if I stayed in my lane until the actual turning lane came up for where I intended to turn. Unfortunatley that turning lane was also backed up so I would have had to get in line outside the lane anyway. Just not quite as soon as I did. The guy that hit me was admitting complete guilt until the cop showed up and mentioned me getting in the lane early. They did write up a report but they don't tell you what's in it until it's completed and you request it. They have to get their $15 out of it.

I just don't see how it can be my fault but if this guy challenges I have to put out the $500 deductible while it's being fought which could be a year or more. The arrow on the ground was clear as day. I know I was in a turning lane. Just not the one I should have been in just yet.

Ughhhh to be able to turn back the clock a few hours. I just hope they can put it all back together again so it drives the same. I only had it for 4 months.......and no.......not silver.......a close.....TITANIUM!

Dinhx8

oh oh, im titanium too! in all seriousness, good luck with it, i'd say if he was admitting guilt, your chances might be good, but i know you also probaby just want to put today behind ya.

capitolgator

it will not take a year for the insurance companies to determine liability- perhaps a month or so and they can take it to arbitration if necessary- very fast process.

I would need more info to determine who was at fault but ordinarily, if the police hold someone at fault they tell the other person... it sounds like you had the right or way and therefore the other driver had the greater duty of care and would be held at fault for causing the accident- perhaps, however you contributed to the loss? what state do you live in? that matters due to the differing laws of negligence: in MD, if you contrib even 1% to your accident, you are barred from recovery.

dazygirl415

As long as you are in the turning lane and going to turn, it's not your fault. The turning lane is there for a reason and as long as it IS there, you can turn. The roads where you can't the turning lanes are taken away, right? Even though the other drivers waved the other car to go, he still has to yield to oncoming traffic, i.e. you. Think about it if the traffic wasn't there. He would have pulled out and hit you, right? But you still had the right of way b/c you're already in the road making a turn from the turning lane. Do you see my logic? I don't think it's your fault. Get a copy of the police report as soon as you can (which I know can take a few days) and then talk w/your insurance company. Just stick to your story (and I don't think it would hurt to omit the part about being in the lane too soon, just to be on the safe side ).

Good luck and I hope you get your 8 back soon!

m82492

Thanks for the replies. I live in PA so I'm not sure how my law works. I'm going to get the report ASAP. I'll let you all know how this turns out. I just don't see how a guy pulling into a lane without looking has a leg to stand on but I could be wrong.

RotorWheeee

Don't accept responsibility for this. You may have entered a turn lane early ( not illegally ) but that does not override another driver from entering your lane with out taking proper care to be sure the lane is available and clear. This is no different then changing lanes with out looking to see if the lane is clear . If the other driver has been given the " all clear " by a third party then it up the the other driver to take it up with him/her.

Aseras

it'll be his failure to yield he cannont rely on other drivers to tell him the traffic ocnditions. You were already present in the lane of traffic and in motion so he should have yeilded to you. He can't say I though he was going to turn, or the other driver said I could.

m82492

I hope you are all right.....believe me!

-=Rowdy=-

It's not your fault. You were in a lane and it was clearly and legally marked for you to be in it, period.

charleybull33

I would strongly recommend going back and photographing the accident scene from various vantage points, along with preparing a diagram to show distances applicable traffic lines and signage. Liability is different in most states, so it will behoove you to have your version fully documented; both for the pending fight with his insurance company and with your own. You should request a copy of the police report because although no one was cited, that doesn't mean that the report won't show contributing circumstances on someone's part - which will influence the liability decision of the insurers. Good luck.

beachdog

Cast another vote for the other guy's fault. Where in the world will you ever find the rules of right of way say "go if another driver with better visibility than you says it's ok". The driver of every vehicle is responsible for determining the safety of their actions. Anyone that drives blindly across a lane because someone else said it was clear is just plainly in the wrong. If the officer was paying attention he should have cited the other guy for wreckless driving.

Even on an airliner, if air traffic control tells the pilot "all clear", it is still the pilot's responsibility to make the final decision to go.

Like Whoa

Same thing happened to my friend when I was in his car. He was driving on the left lane on a 2 lane road. A car pulled out of a parking lot and hit my friend because someone waved him out to go. It was the other guys fault.
PLEASE BE CAREFUL!! when people wave to you to go WATCH before you actually go!!! I almost go into a lot of accidents because of this. People who wave are not aware of their surroundings!

lafrad

in wisconsin, you cannot pull out into the middle of a blvd unless it is clear, and you legally cannot stop in the middle, unless you are turning OFF the blvd. if you are trying to enter (from a parking lot), you cannot stop. if you do, you are responsiable for any accident that would occur from you being in the middle. (my brother learned this one the hard way)

m82492

Ahhhh good news....good news! The guy isn't challenging the claim. I should have my 8 in the shop by the end of next week :D

Aseras

Great. Hope your car is as good as new.

Rick

m82492, did you get a ticket for traveling too far in the turn lane? Did the other guy get a ticket for using the turn lane as a merge lane?