Bruinator Posted April 4, 2018 Share Posted April 4, 2018 Hi, I was in an accident today and I am Hoping to get some opinions as to who was at fault. I drew a pic of it that I am attaching herehttps://imgur.com/a/iyDly Your opinions are welcomed. If you have any questions plz ask. Thx Link to comment Share on other sites More sharing options...
CrashG Posted April 4, 2018 Share Posted April 4, 2018 Submit to insurance and let them figure it out. Link to comment Share on other sites More sharing options...
firey Posted April 4, 2018 Share Posted April 4, 2018 Looks like you spooked them into the other lane. Based on what I see it could easily be argued you cut them off or they saw you pulling out and got scared. While they shouldn't have crossed a double yellow, it happens and isn't going to cause them to be at fault in the event they felt unsafe staying in their lane due to you driving out. I'd say it looks like it's your fault bro. farmeunit 1 Share Link to comment Share on other sites More sharing options...
xendrome Posted April 4, 2018 Share Posted April 4, 2018 Yeah you violated their right of way it appears. They only crossed the line to try to avoid a collision with you. It would appear you had a stop sign and pulled out in front of them. The through traffic always has the right of way and cross traffic must yield. Link to comment Share on other sites More sharing options...
Bruinator Posted April 4, 2018 Author Share Posted April 4, 2018 Well he wasnt even close to my car and passenger in my car and he sped up and went on the wrong side of the road which is a lane violation according to a friend who is a cop from another town. Link to comment Share on other sites More sharing options...
Bruinator Posted April 4, 2018 Author Share Posted April 4, 2018 23 minutes ago, xendrome said: Yeah you violated their right of way it appears. They only crossed the line to try to avoid a collision with you. It would appear you had a stop sign and pulled out in front of them. The through traffic always has the right of way and cross traffic must yield. I did stop and proceeded to go when there wasnt another car coming in the lane i was entering. I appreciate all the responses. Link to comment Share on other sites More sharing options...
Dick Montage Posted April 4, 2018 Share Posted April 4, 2018 Legally (meaning: not what stories will be told but what facts will be reacted to) I think you're gonna be at fault here. Your actions caused this, had you not been doing what you did, he would have been merilly driving along without a story to tell - but you were there and you did do what you did, which unfortunately was to get in his way on his side of the road, impacting his right of way. Sorry man! CrashG 1 Share Link to comment Share on other sites More sharing options...
Bruinator Posted April 5, 2018 Author Share Posted April 5, 2018 4 minutes ago, NJL said: Legally (meaning: not what stories will be told but what facts will be reacted to) I think you're gonna be at fault here. Your actions caused this, had you not been doing what you did, he would have been merilly driving along without a story to tell - but you were there and you did do what you did, which unfortunately was to get in his way on his side of the road, impacting his right of way. Sorry man! My response to you would be he wasnt paying attention to the road. Appreciate your opinion. Link to comment Share on other sites More sharing options...
Dick Montage Posted April 5, 2018 Share Posted April 5, 2018 Just now, Bruinator said: My response to you would be he wasnt paying attention to the road. Appreciate your opinion. Thats as may be, but had you not been there, then there would have been no incident. Legally he was paying sufficient attention to be going about his business, and you were the out of place entity. Link to comment Share on other sites More sharing options...
Bruinator Posted April 5, 2018 Author Share Posted April 5, 2018 (edited) 4 minutes ago, NJL said: Thats as may be, but had you not been there, then there would have been no incident. Legally he was paying sufficient attention to be going about his business, and you were the out of place entity. If he was paying attention he would have stopped as he had ample time, instead he sped up. thx Link to comment Share on other sites More sharing options...
CrashG Posted April 5, 2018 Share Posted April 5, 2018 (edited) Based on info stated here, I'm gonna say you created the accident, but both drivers are at fault. My reason the other driver shares some blame, they left their lane and crossed into oncoming traffic, where they were T-boned if the drawing is correct. But admit nothing and submit claim to insurance. Let them earn some of that money you pay in. Link to comment Share on other sites More sharing options...
xendrome Posted April 5, 2018 Share Posted April 5, 2018 2 minutes ago, Bruinator said: If he was paying attention he would have stopped as he had ample time, instead he sped up. thx Normally people don't cross over into other oncoming traffic lanes unless they have a reason. Your drawing is pretty clear, even if he didn't hit you in the other lane, you violated his ROW and he would have had to slam his breaks on to avoid a collision with you. Judging from your responses here all you are looking for is vindication that you were correct and he was wrong which does not appear to be the case at all. Link to comment Share on other sites More sharing options...
Bruinator Posted April 5, 2018 Author Share Posted April 5, 2018 (edited) 3 minutes ago, CrashGordon said: Based on info stated here, I'm gonna say you created the accident, but both drivers are at fault. My reason the other driver shares some blame, they left their lane and crossed into oncoming traffic, where they were T-boned if the drawing is correct. yes, I talked with a rep from my ins comp and he said we will most likely both be found to be at fault. It was just his opinion though. thx a bunch. Link to comment Share on other sites More sharing options...
Nashy Posted April 5, 2018 Share Posted April 5, 2018 Your word against his when it comes to speeding up, so I would be dropping it from any argument as it's going to mean nothing. I'd be pushing the fact that he crossed double yellows. Can I ask, why didn't you stop when he was i nthe lane you wanted? Why did you keep moving to the point of impact? Link to comment Share on other sites More sharing options...
xendrome Posted April 5, 2018 Share Posted April 5, 2018 2 minutes ago, CrashGordon said: Based on info stated here, I'm gonna say you created the accident, but both drivers are at fault. That doesn't even make sense... if he created the accident, he is to blame. You can't fault someone for trying to avoid an accident. There is actually a statute in most states where you can be cited for "failure to avoid and accident". Like if a truck is parked and you choose to not pass properly once oncoming traffic is clear, but you run into the back of it instead. Dick Montage 1 Share Link to comment Share on other sites More sharing options...
Nashy Posted April 5, 2018 Share Posted April 5, 2018 Just now, xendrome said: That doesn't even make sense... if he created the accident, he is to blame. You can't fault someone for trying to avoid an accident. There is actually a statute in most states where you can be cited for "failure to avoid and accident". Like if a truck is parked and you choose to not pass properly once oncoming traffic is clear, but you run into the back of it instead. Yeah, but he still broke the law. Why didn't he do what a normal person would do and move to the right if he saw a car pulling in front of him? I mean, he's not going to be found at fault, so I do get what you're saying, but the guy isn't completely blameless, and he's most certainly an idiot. CrashG and farmeunit 2 Share Link to comment Share on other sites More sharing options...
Dick Montage Posted April 5, 2018 Share Posted April 5, 2018 7 minutes ago, Bruinator said: If he was paying attention he would have stopped as he had ample time, instead he sped up. thx Ah yes, but had you not been there, there would have been no need to react. You were the catalyst, you are at fault. Link to comment Share on other sites More sharing options...
Bruinator Posted April 5, 2018 Author Share Posted April 5, 2018 1 minute ago, Nashy said: Your word against his when it comes to speeding up, so I would be dropping it from any argument as it's going to mean nothing. I'd be pushing the fact that he crossed double yellows. Can I ask, why didn't you stop when he was i nthe lane you wanted? Why did you keep moving to the point of impact? I was already coming to the other side of the road and i double checked nothing was coming and proceeded to go. Link to comment Share on other sites More sharing options...
xendrome Posted April 5, 2018 Share Posted April 5, 2018 Just now, Nashy said: Your word against his when it comes to speeding up, so I would be dropping it from any argument as it's going to mean nothing. I'd be pushing the fact that he crossed double yellows. Can I ask, why didn't you stop when he was i nthe lane you wanted? Why did you keep moving to the point of impact? Because it's clear the other car was traveling in it's lane and the OP car pulled out in front of him, so he swerved to the left to try to avoid hitting him. I'd love to see the narrative of the crash report. V1 was traveling sound bound down X Ave. when V2 pulled out onto X Ave from the west in an attempt to go northbound. V1 attempted to avoid collision with V2 by swerving into northbound lane and impact was made between V1 and V2 vehicles between both lanes. V1 had right or way and V2 violated the right of way of V1. Am i close? Let's see a picture of the crash report. Link to comment Share on other sites More sharing options...
Dick Montage Posted April 5, 2018 Share Posted April 5, 2018 1 minute ago, Bruinator said: i double checked nothing was coming and proceeded to go Except you were clearly wrong. xendrome 1 Share Link to comment Share on other sites More sharing options...
Bruinator Posted April 5, 2018 Author Share Posted April 5, 2018 (edited) 5 minutes ago, NJL said: Ah yes, but had you not been there, there would have been no need to react. You were the catalyst, you are at fault. And i could say he didnt stop in time and sped up to try to get around me. Like njl said he crossed double line which is against the law according to a cop. Thx again. 2 minutes ago, NJL said: And to answer NJL, Thank u for ur opinion. Link to comment Share on other sites More sharing options...
xendrome Posted April 5, 2018 Share Posted April 5, 2018 (edited) 4 minutes ago, Bruinator said: And i could say he didnt stop in time and sped up to try to get around me. Like njl said he crossed double line which is against the law according to a cop. Thx again. You clearly don't understand how traffic works.... it's not up to the car traveling in a through lane of traffic to speed up or not stop in time when someone violates with lane of travel. "Failure to Yield at a "T" or Three-Way Intersection. Theright-of-way rules for T intersections are slightly different. They state that the driver of a car on the road that is ending must yield to a driver that is on the through street." Link to comment Share on other sites More sharing options...
Jim K Global Moderator Posted April 5, 2018 Global Moderator Share Posted April 5, 2018 What the .... It is your fault. You pulled out into oncoming traffic. It doesn't matter that the other driver crossed the double line in an attempt to avoid you. The only way this isn't going to be your fault is if the police cited the other driver for excessive speed/reckless driving. This isn't rocket science. xendrome and exotoxic 2 Share Link to comment Share on other sites More sharing options...
xendrome Posted April 5, 2018 Share Posted April 5, 2018 1 minute ago, Jim K said: What the .... It is your fault. You pulled out into oncoming traffic. It doesn't matter that the other driver crossed the double line in an attempt to avoid you. The only way this isn't going to be your fault is if the police cited the other driver for excessive speed/reckless driving. This isn't rocket science. Exactly, it's like a suspect in a battery saying "well he should have ducked when I went to punch him in the face" patseguin and Jim K 2 Share Link to comment Share on other sites More sharing options...
Bruinator Posted April 5, 2018 Author Share Posted April 5, 2018 4 minutes ago, xendrome said: You clearly don't understand how traffic works.... it's not up to the car traveling in a through lane of traffic to speed up or not stop in time when someone violates with lane of travel. "Failure to Yield at a "T" or Three-Way Intersection. Theright-of-way rules for T intersections are slightly different. They state that the driver of a car on the road that is ending must yield to a driver that is on the through street." Well, i have heard both opinion from various cops which is why i posted the question. Link to comment Share on other sites More sharing options...
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