Car question

[xendrome]

1 minute ago, Bruinator said:

Well, i have heard both opinion from various cops which is why i posted the question.

Well one is wrong and one is right... lets see a photo of the crash report, statements and diagram, you can paint/photoshop out your PII.

[Bruinator]

10 minutes ago, xendrome said:

Exactly, it's like a suspect in a battery saying "well he should have ducked when I went to punch him in the face"

Like i said he sped up to try and go ahead of me. I have a witness to verify it who was in my car.

Edited April 5, 2018 by Bruinator

[Bruinator]

17 minutes ago, xendrome said:

Well one is wrong and one is right... lets see a photo of the crash report, statements and diagram, you can paint/photoshop out your PII.

The crash report provided by who plz? thx a bunch.

35 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.

 

But admit nothing and submit claim to insurance. Let them earn some of that money you pay in.

 

Yes, I am doing that. thx so much. I am just looking for opinions.

[Dick Montage]

It is not illegal to cross the double line in an emergency situation - such as to avoid a crash, that YOU caused.

[Bruinator]

1 minute ago, NJL said:

It is not illegal to cross the double line in an emergency situation - such as to avoid a crash, that YOU caused.

i guess we can agree to disagree as a COP(s) told me otherwise.

[Nashy]

3 minutes ago, NJL said:

It is not illegal to cross the double line in an emergency situation - such as to avoid a crash, that YOU caused.

Pretty dumb to react in a way that puts you on the wrong side of the road into incoming traffic though.

[Bruinator]

14 minutes ago, Nashy said:

Pretty dumb to react in a way that puts you on the wrong side of the road into incoming traffic though.

Agreed. If he were to try to avoid me he would of turned to the right. He was trying to speed up so he could go before me as he was in a hurry. thx again.

Edited April 5, 2018 by Bruinator

[Dick Montage]

27 minutes ago, Nashy said:

Pretty dumb to react in a way that puts you on the wrong side of the road into incoming traffic though.

Hence "Emergency" - you have to make judgement calls, and one is "Look I'm not meant to cross those lines in day to day driving, but IF IT'S SAFER THAN NOT DOING SO then do it"

22 minutes ago, Bruinator said:

Agreed. If he were to try to avoid me he would of turned to the right. He was trying to speed up so he could go before me as he was in a hurry. thx again.

And yet all of this is about AVOIDING YOU.  You are the obstacle in the wrong place, by your own doing.  Hence, you are legally at fault.

[Bruinator]

4 minutes ago, NJL said:

Hence "Emergency" - you have to make judgement calls, and one is "Look I'm not meant to cross those lines in day to day driving, but IF IT'S SAFER THAN NOT DOING SO then do it"

And yet all of this is about AVOIDING YOU.  You are the obstacle in the wrong place, by your own doing.  Hence, you are legally at fault.

Again, we can agree to disagree. thx for responding.

[Nashy]

9 minutes ago, NJL said:

Hence "Emergency" - you have to make judgement calls, and one is "Look I'm not meant to cross those lines in day to day driving, but IF IT'S SAFER THAN NOT DOING SO then do it"

And yet all of this is about AVOIDING YOU.  You are the obstacle in the wrong place, by your own doing.  Hence, you are legally at fault.

 

I get what you're saying.  But it is quite obvious that it wasn't the safest option since it lead to a collision.  That doesn't take the fault off vehicle 1, but I certainly think some flak needs to go his way too.

[Bruinator]

2 hours ago, NJL said:

It is not illegal to cross the double line in an emergency situation - such as to avoid a crash, that YOU caused.

Again, why would a cop say it was? They should know.

[adrynalyne]

6 minutes ago, Bruinator said:

Again, why would a cop say it was? They should know.

If YouTube had taught us anything, it’s that cops don’t necessarily know the law or even what they are talking about. 

[Circaflex]

4 hours ago, Bruinator said:

My response to you would be he wasnt paying attention to the road. Appreciate your opinion.

I had a very similar situation happen just recently, let me explain. You'll be at fault for sure, that lane has the right of way no matter what you think or say. Unless you have proof, or he admits to not paying attention, the insurance company will 100% side with him. I crossed over in a parking lot of an in-n-out, in an attempt to pull into a parking spot while another car was coming the opposite way. He was about five to six cars away, going fairly slow because it was a parking lot. I could see he wasn't paying attention and was looking to his left for an open parking spot. He hit my front passenger side of my car. He told the insurance I cut in front of my and my response was he was not paying attention and if I had made a quick cut, wouldn't my driver side be dinged and not the passenger side (I say this because of the speed we were going, if I cut him off as he said I wouldn't have been able to get my passenger side fully cleared). Unfortunately, because there were no cameras recording that area and he did not admit to looking the other way and driving into me, he had the right of way. I could have advanced to arbitration, but there was no reason to bother. I was at fault, just as you are here. It sucks, but you learn from these mistakes and hope to avoid them in the future.

[firey]

2 hours ago, Nashy said:

 

I get what you're saying.  But it is quite obvious that it wasn't the safest option since it lead to a collision.  That doesn't take the fault off vehicle 1, but I certainly think some flak needs to go his way too.

Dude. If someone pulls out infront of you it's reactionary. Maybe he thought if he swerved to the left he could avoid him. Maybe he thought if he stayed in his lane then bruin may try to cut into his lane thinking he might avoid.

 

To be 100% honest, I would take an open lane over a ditch any day of the week. I would react the same way he did and try to keep moving straight possibly speeding up to avoid and try to get in a clear lane to go around.

[Bruinator]

2 minutes ago, firey said:

Dude. If someone pulls out infront of you it's reactionary. Maybe he thought if he swerved to the left he could avoid him. Maybe he thought if he stayed in his lane then bruin may try to cut into his lane thinking he might avoid.

 

To be 100% honest, I would take an open lane over a ditch any day of the week. I would react the same way he did and try to keep moving straight possibly speeding up to avoid and try to get in a clear lane to go around.

there was room on the right hand side for him to go as well. Before the accident happened, there were cars stopping behind him. He was the only one that didnt. There was a witness in in my car who saw this happen as well.

[Nashy]

24 minutes ago, Bruinator said:

there was room on the right hand side for him to go as well. Before the accident happened, there were cars stopping behind him. He was the only one that didnt. There was a witness in in my car who saw this happen as well.

Was it a mistake that you pulled out in front of him?  What type of car was he driving?  The safe distance to pull out in front of someone is usually a fair distance that even him planting his foot, you should have tonnes of room.

[StrikedOut]

Not much has been said about the conditions of the road. Was it a flat road, what is the speed limit, what was the weather like, night/day, how busy was it. No info for us to be crash investigators ;-) 

 

From the information you have provided, you are at fault. The witness in your car will more than likely be of no consequence as he is not independent. Swerving to avoid the collision by going on the other side of the road may have been due to the point you pulled out in front of him. If he is expecting you to stop (as you should have) then you would be in the middle of the lane giving him the only option of swerving to the left and not right.

 

I also wouldnt go by the opinion of the 2 officers you spoke to, they only have one side of the story and cannot be impartial.

 

Either way, its going to be your fault. Don't worry about it, happens to most of us and it would be good to get some value for money out of the insurance you pay for!

[xendrome]

Go to internet forums with mind made up, ask for opinions, seek vindication of made up mind, disagree with anyone who does not agree with you.

 

Sounds about right.

[Dick Montage]

10 hours ago, Nashy said:

 

I get what you're saying.  But it is quite obvious that it wasn't the safest option since it lead to a collision.  That doesn't take the fault off vehicle 1, but I certainly think some flak needs to go his way too.

Seems to me that the thing the driver swerved to avoid, was the thing that he impacted with - the thing that was in the wrong place.

[Daedroth]

You seem to be very set on the fact that you aren't at fault in this situation. Unfortauntely though, you did not have right of way. Therefore it is you that is at fault.

[Dick Montage]

11 hours ago, Bruinator said:

Again, we can agree to disagree.

That is unfortunately not how you legally stand, it's a nice thing to say but it holds no legal weight.

 

But as someone said above, don't stress over it.  It happens.  Just learn from it and don't pull out from junctions into oncoming traffic.  I can assume that you're fairly young from your responses (that's not a slur, no offence meant), as such learn that sometimes even though you may believe you are right and really want to not be at fault, you are.

[patseguin Global Moderator]

12 hours ago, Bruinator said:

Like i said he sped up to try and go ahead of me. I have a witness to verify it who was in my car.

That may be. I've had people do that to me so I hear ya. You're never going to prove it to the insurance company though, even with a witness. They are 100% going to put you at fault, sorry to say.

[Bruinator]

1 hour ago, Riva said:

What is the speed limit of the road? And how far do you

recon the other car was when you made that left? Also what are the car models involved? If you have bad driving record they could easily settle it based on other facts

Its funny you mention that because the speed limit in my town is 25 mph. It is posted everywhere. He was going a minimum of 40 to 45 MPH. He had at minimum 3 to 4 car lengths to stop. Other cars behind him were already stopping or did stop. He tried to speed up to go around me over a double yellow line which in Mass, is a violation of the law. The cop said it is either his fault because of that or we both will. Appreciate your opinion.  Thx

Edited April 5, 2018 by Bruinator

[Jim K Global Moderator]

50 minutes ago, Bruinator said:

Its funny you mention that because the speed limit in my town is 25 mph. It is posted everywhere. He was going a minimum of 40 to 45 MPH. He had at minimum 3 to 4 car lengths to stop. Other cars behind him were already stopping or did stop. He tried to speed up to go around me over a double yellow line which in Mass, is a violation of the law. The cop said it is either his fault because of that or we both will. Appreciate your opinion.  Thx

Bologna ... you can not cross a double yellow to pass.  No where is there a law stating you can not cross a double line to avoid an inattentive driver who pulls out in front of you.

 

You are at fault.

 

(31) Collision at a "T" Intersection. The Operator, coming from a roadway that terminates onto a throughway, thereafter collides with another vehicle traveling on that intersecting throughway.

https://www.mass.gov/files/documents/2017/10/10/211cmr74.pdf

[Bruinator]

2 minutes ago, Jim K said:

Bologna ... you can not cross a double yellow to pass.  No where is there a law stating you can not cross a double line to avoid an inattentive driver who pulls out in front of you.

 

You are at fault.

 

(31) Collision at a "T" Intersection. The Operator, coming from a roadway that terminates onto a throughway, thereafter collides with another vehicle traveling on that intersecting throughway.

https://www.mass.gov/files/documents/2017/10/10/211cmr74.pdf

Agree to disagree.  thx