whos at fault

Posted: Tue Nov 18, 2008 12:41 am Post Subject:

Well you're making a left turn and must yield to oncoming traffic...STRIKE ONE..

You are out in the intersection rather than waiting back behind the white line, and the light turns red on you STRIKE TWO ( i know we all do it, but it is against all traffic codes, and rules of the road I've ever read)..

i was struck by a car who went on the right side of traffic in one lane and blindsided me. whos at fault and why

Posted: Tue Nov 18, 2008 01:53 am Post Subject:

Based on your description, I'd say both... to a certain degree. The degree depends on many things. If the rear of your vehicle was struck, I'd place a little more liability on the other party. But you are probably still going to have some liability. Technically you should not enter the intersection unless you can clear it. I know everyone gets out into the middle and stops but technically this should not be done. However, a person could think that they can make it, pull out, and then stop because they realize that they cannot. So doing this is common place and accepted. But in making the left, you have the duty to yield to oncoming traffic. I think your statement is going to be that the light was red, traffic was stopping and the other vehicle pulled out from behind a stopping vehicle and entered the intersection. However, their statement is probably going to be that their light was green and you made a left turn right in front of them. So it's not only a question of what you think happened but also a question of what the other person thinks.

What is really going to matter are your state laws. That is, if contributory or comparative negligence applies.

Posted: Tue Nov 18, 2008 02:07 am Post Subject: ye

"however, a person could think that they can make it, pull out, and then stop because they realize that they cannot. So doing this is common place and accepted"
this is exactly what happened i thought i could clear it then it turned yellow while oncoming traffic sped up then red and i was in the middle of the intersection so oncoming traffic was stopped and i proceeded to get out of the way she struck me in the back right door and told police officers the light was still turning but she still went around cars on the right hand side

Posted: Tue Nov 18, 2008 04:07 am Post Subject:

If my understanding of a three light traffic signal is correct: Green = proceed, Yellow = proceed with caution, and Red = Stop.

If I'm understanding the OP's comments correctly the cars traveling in front of, and going in the same direction as the one that hit you Stopped because the light was no longer Green. After all why would they stop if the light were still Green? Actually, why would they have stop if the light was still Yellow?? I don't think I've ever seen anyone stop on Yellow if they were going straight through an intersection.

I doubt the light had *just* turned since the other cars had time to see the Yellow, decide it had been Yellow long enough that they should come to a complete stop. And did.

The other driver told the police it was still a yellow light. Too me, going around cars that had stopped because of the light changing wouldn't be proceeding with caution. Especially since they ran into another car that was moving to clear the lanes that now had or were about to have the Green Light.

That's kind of an Reckless action if you ask me. One would think that would be enough to place the Fault on the other driver.

But... Yep, that big But, I'm no expert an its just my opinion based on one persons version of what happened.


FK,

Posted: Tue Nov 18, 2008 04:37 am Post Subject:

FK, you'd be correct... but there are two sides to every story. Looking at it from a 3rd party point of view... who's incorrect about the light... the OP or the other driver? What we _do_ know is that the OP made a left turn across oncoming traffic. So that is the starting point. There are many ways to consider the "light issue". The OP's carrier could take their insureds word over the other person's and the other person's carrier might do the same thing. But that still leaves the left turn issue against the OP. The carriers might accept both drivers statements about the light and call it 50/50... but then you need to factor in the left turn. The impact being to the OP's rear 1/4 panel is helpful to the OP in that it shows that the other part had the last clear chance to avoid the accident. Given the above, the negligent laws that apply in the state will make a big difference.

Posted: Tue Nov 18, 2008 11:30 am Post Subject:

unless...the other vehicle came around the right to make a right turn (on red) which would've put him turning onto the same street the OP was...

I think the OP is going to bear the higher degree of liability...he admits to being in the intersection (where we all go, but is against the law) when the light turned...and he also made a left turn..that requires him to yeild to all on coming traffic...truth of the matter is he'd have probably been ok if he'd have waited till the light was totally red, then turned... :roll:

OP what are your states negligence laws..if you don't know just tell us the state and we can look it up...what is your carrier saying...

Also the impact helps him 'kinda' since the other driver was on the far right lane, the OP vehicle at impact would've been dead square in his lane...wish other car would've got you in the rt tail lamp, 1/4 area... :(

Posted: Tue Nov 18, 2008 11:46 pm Post Subject:

Who was ticketed? The driver in which was ticketed would be at fault. It almost sounds as if you was at fault by the terms you are speaking. Not knowing the scene and without seeing more details it is hard to determine. If you was struck in the rear end then most like the other driver would be at fault. However, if the damage is towards the front of your vehicle then you will most likely be considered at fault.

Posted: Wed Nov 19, 2008 02:56 am Post Subject:

i live in new jersey no one was ticketed the accident is being investigated but a police officer says the report favors me because the angle and position of where my car ended up apparently shows that i was already i good ways into the intersection giving me the right away and that the woman hit me towards the back of the car Does the fact that it a one lane street make any difference

Posted: Wed Nov 19, 2008 07:35 am Post Subject:

nargles, it may so happen that both you and the other driver have to share limited responsibility for the accident. You were half a way in the intersection when you were supposed to be stopped at the red light, this makes you somewhat responsible for the accident caused. However, an adjuster after visiting the place of occurrence can only determine the responsible party with 100% accuracy.

Have you informed you insurer regarding the event? If not you may wish to do it at your earliest.

Posted: Wed Nov 19, 2008 08:34 am Post Subject:

New Jersey is a comparative fault law, which implies that you may not receive compensation from the other driver's auto insurer if you have contributed more than 51% towards the accident.

The NJ state auto law restricts the driver who has contributed more than 51% in the accident to claim against the other driver's auto liability insurance. The law, however, also restricts the responsible driver to file a lawsuit against the other driver to recover the claim.