Thread: whos at fault in my accident?

ok so i was in a pontiac vibe turning left into a parking lot. the light was red behind me. its a two lane road. woman in first lane waved me in, i slowlyyy sneak past her and see a dodge ram flyingggg towards me so i hit the gas and get 3/4 into the parking lot before i was nailed in my back right of my bumper... whos at fault?

i WAS turning into an opposing lane of traffic, TRUE.

BUT his wheels locked up and was screamming due to him going to fast towards a red light, and he DID hit ME.

the red light behind me was 3-4 cars length to the light so he was going way too fast regardless

the fact that i was almost into the parking lot and NOT hit in the median shows his incontrol of the truck

if i appeal the insurance agencys decision that I WAS in fault, how are my chances to win? by law am i allowed to see HIS report/take on what happened? maybe he told a wholeee other story to the agency?

honestly when im at fault i always admit it but i dont feel im wrong here.

THOUGHTS???

this was in boston FWIW


EDIT: i WAS found at fault as of today wtf

Both of you were at fault. Or as PD would call it, a "no fault accident".

You never trust another drivers judgement, EVER!
He hit you in the rear making it his fault, that's the law in my state anyway.

I would say legally you're at fault. Your opinion that he was coming up on a red light too fast anyway is irrelevant to the case of what happened to YOU. You didn't have the right of way to make the turn. The person in the first lane gave you the right of way, but not the other lane, so I see why they put you at fault.

MI is the same way. If you HIT someone you are at fault.. You should remain in control of your car at all times...

I rethought my answer to this, and I decided to change it...

Whoever the cop says at fault, is at fault unless a judge says otherwise. That is how the law works.

i respect all opinions. the police were called put didnt make a decision on who was at fault..just wrote each others info down for us. its gonna cost me 50 bucks to appeal but i feel its worth it.

I would try to appeal for $50 even if I knew it was my fault. That's not bad for a chance at changing the outcome of the situation to your favor.

hers how this is going to work out for ya, your at fault, you "NEVER" trust other drivers for directions, you need to see the all clear and proceed if safe to do so.

i plowed a car with my 2 month old 5,000 miles on it 03 gmc pick up, it was new for god sake. over 5,000 in damage.

same deal, this jerk was all f'ed up in front of the stop line in the intersection. this was a 5 or 6 lane road one way traffic, the left turn only lane was wide open, and as i was coming to the light the, it turned green, so i got back into the gas and when i got to back wheels of the cab of a tractor trailer, this jerk just drives out in front of me, while im doing 30+. tore the right front wheel off my truck and it went under my truck with the lca. the guy tells the cop the guy in the tractor trailer waved him on to go, so he did, his fault case closed....trust nobody's else word on the road. ever!

and i hit his car from the rear bumper to the front bumper, should have seen his fvcking face as i was mashing the crap out the whole side of his car. sad part was he drove off and i waited for a tow truck.

oh icing on the cake, this towel headed fvcker had a Illinois lic, a car with Florida plates, and no valid insurance. and i hit him in Brooklyn NY, wtf is wrong with this picture?

i slowly turned into the parking lot because there was a large hump that leads into the lot that the car would have bottomed out if i just floored it. i began to slowly turn in because though the first lane allowed me passage, the 2nd lane was still not visible. (im sure you all have been in this situation)

he was going way too fast

i was 75% in the parking lot.

his light was red so why be going so fast?

this is my point.

im going to take pictures/measurements of the distance vs. his speed and maybe even supply the court with video to show my side of the story

pic are worth a thousand bucks in court.

i got a ticket for driving my pick up truck in the left lane one time, i took a pic of the signs they have post for no trucks in left lane and its a box truck with a circle and a slash through it, says nothing about a pick up truck, went to court, judge tossed it out...cop looked pissed lol f him and his bs...

If you have to ask, Probably you.

Your fault, you can't take the red light thing into effect because you never know if they would have been able to stop in time or not. You should have just waited til the red light was set for some time before going.

Think about being in his position. A car pulls out in front of you blindly like 3 car lengths ahead and you're going like 45mph. Definitely be blaming the guy that pulled out.

Originally Posted by Hippo Machine

Your fault, you can't take the red light thing into effect because you never know if they would have been able to stop in time or not. You should have just waited til the red light was set for some time before going.

Think about being in his position. A car pulls out in front of you blindly like 3 car lengths ahead and you're going like 45mph. Definitely be blaming the guy that pulled out.

30mph zone and 4 car length from red light= 20 mph? truck was going twice that. he would have seen the nose of my car intching out and prob would have hit the middle of my car..NOT the end of my bumper. just saying

Unfortunately, it is your fault. He has the right of way. Even if he saw you and could have avoided the wreck, it is up to you to prove that he saw you and could have avoided it which is impossible to do unless he admits it. How fast he was going is irrelevant because it is your estimate of his speed. If you were ticketed, it might be worth the $50 to fight it...they'll usually reduce the fine. But in this case, I doubt they will.

Originally Posted by Iceman6669

MI is the same way. If you HIT someone you are at fault.. You should remain in control of your car at all times...

You never trust another drivers judgement, EVER!

Originally Posted by KeithGTP03

Unfortunately, it is your fault. He has the right of way.

Yeah.. He had the right of way. you not being at fault means he should have stopped to let you go through? It's a pretty basic concept.. You yield to the driver that has the right of way. As for you inching out into the turn, that was just a mistake on your part. Like everyone else has said you can never trust another drivers judgment.

My sister did the same thing, 98 malibu got hit turning left by a "speeding" expedition. Innermost lane had stopped to let her through too. She was at fault.

he did say the other car locked up the brakes and left marks. those mark are a speed estimate for sure.

hurry up get pics and and a measurement of them marks before they fade away.

Doesn't matter even how fast the other driver was going, the OP is at fault. The other driver had the right of way. Had a neighbor in the exact same situation a few years back. The officer basically told him it doesn't matter if someone waved him forward he pulled in front of another vehicle that had the right of way.

I actually remember another one from back in high school. A friend of mine was driving to school and was running late so was driving kind of fast. The area he was in is a 35 mph and he was doing 50-55 when an old man pulled out in front of him. He t boned the guy right in the driver door and the old man ended up dying of his injuries. Matt, my friend, was found not at fault because even though he was speeding, he had to the right of way.