Car accident - come assign blame!

[doctorwho]

I'll check back periodically....

So, we were making a right hand turn. DH had slowed down, but had not come to a stop, because there was no light or pedestrians or anything that would necessitate a stop. A van passes us on the right. There was contact.

Van driver gets out screaming that DH is a moron and what are you doing turning right with your left blinker on from the left lane? We were on a *two way street with one lane in each direction turning right, at a T-stop. Not only isn't there a left lane, there's not even a possible left. I didn't catch the state of the blinkers, but I'm highly skeptical that DH had the left blinker on.

My car is damaged from the wheel well to headlight. Front quarterpanel only, headlight is pushed out, but still works. The van has a black scrape down the side, probably just tire rub.

*edited for clarity

[dev22]

If your account is accurate, dude is totally at fault. WTH? He seems like an insane person. Were there any witnesses?

Sorry about your car

[JLN]

It's definitely the van's fault. Glad everyone's okay.

[ttt]

Wait, you were making a right hand turn from the left lane?

I do think that's illegal, even if it's a one way street.

ETA: I'm confused. If it was a one lane street and you were at a T intersection, how did the van pass you on the right?

[doctorwho]

There is no left lane. We were in the only east bound lane, turning right.

He came up the shoulder and passed us on the right.

Also, he was driving a passenger van. The cab company came and got all the passengers before the police came. Our passenger was 2 blocks from home, so we told him he didn't have to stick around.

We felt really bad for getting him mixed up in the whole thing. He dated a long-time friend of mine, and when she broke up with him a few months ago we stayed friends, and now they're juuuussst starting to make a go of it again and whammo. I got a text from her about 15 minutes after he left, so I know he got in touch with her. Tres embarrassing.

[housegeek]

If he hit you from the shoulder hes def in the wrong. What did the police say?

[doctorwho]

The police didn't say anything. They just took our statement and gave us the paperwork. He thought we were westbound and turning onto Maple, and I said we were making a right. Then he was clearly confused, because it would be impossible to do that. I said no, we were eastbound making a right. His response was "OH. Ok. I'll just fill this out, be right back."

[doctorwho]

I'm sorry, I said one lane street. I mean there is one lane of traffic in each direction. There are no turning lanes. *fixed the original

[redheadbaker]

If it's one lane in each direction, and he passed you on the right, he's at fault. Who the fuck does that??

[GailGoldie]

if the officer didn't give you a ticket- you are not at fault. Did he give the other guy a ticket? He SHOULD have - since he wasn't even on the road - but was on the shoulder.

I would get the report ASAP - b/c your insurance company might give some issues if the guy didn't get a ticket, and if things weren't documented properly.

[laurenpetro]

goldie, you can be issued a ticket after the fact.

i was in the same accident a couple of years ago. i was on a road with 1 lane of traffic in each direction. there was a parking lane on either side. as i was turning right, a car who was parked decided to go and hit me as i was turning.

after much screaming about how the accident was completely my fault by the other guy, the cops showed up, took 1 look at the scene and told the guy, "you are 100% in the wrong here. enjoy your insurance premium increase." it was awesome. the guy was SUCH a douche about the whole thing.

the best part was when i found a chunk of his car stuck in my car door. the cop asked for it, walked up to the guy's car and said, "i believe this is yours." LOVED IT.

so yeah, he was in the wrong. you're never supposed to believe turn signals. if someone has one on to turn and you go and they hit you by going straight, it's your fault.

by the way, once this claim goes through, FILE A CLAIM FOR DIMINISHED VALUE OF YOUR CAR. you CANNOT sell this car for the same amount as you would have before this accident.

[Deleted]

May 27, 2012 7:37:05 GMT -5 GailGoldie said:

if the officer didn't give you a ticket- you are not at fault. Did he give the other guy a ticket? He SHOULD have - since he wasn't even on the road - but was on the shoulder.

I would get the report ASAP - b/c your insurance company might give some issues if the guy didn't get a ticket, and if things weren't documented properly.

This is just flat wrong. People are found liable for crashes all the time without citations having been issued. In some states, citations aren't even admissible evidence in court.

Without more information, I'd be inclined to assess fault 75/25. He was wrong for trying to pass you on the shoulder, but you should check your blind spot before turning (for example, what if there had been a bicyclist?). I'm also a bit unsure of why you hadn't moved into the shoulder prior to beginning your turn, as that would seem to be common practice.

Good luck getting everything resolved. And try not to get too upset about it. It doesn't sound like this was serious enough to worry about your policy limits being exceeded.

[Deleted]

Also, please remember that I said without more information. There are a lot of details missing from this story.

xoxo,
Insurance defense atty

[Jenniatonu]

May 27, 2012 8:57:05 GMT -5 @angryharpy said:

May 27, 2012 7:37:05 GMT -5 GailGoldie said:

if the officer didn't give you a ticket- you are not at fault. Did he give the other guy a ticket? He SHOULD have - since he wasn't even on the road - but was on the shoulder.

I would get the report ASAP - b/c your insurance company might give some issues if the guy didn't get a ticket, and if things weren't documented properly.

This is just flat wrong. People are found liable for crashes all the time without citations having been issued. In some states, citations aren't even admissible evidence in court.

Without more information, I'd be inclined to assess fault 75/25. He was wrong for trying to pass you on the shoulder, but you should check your blind spot before turning (for example, what if there had been a bicyclist?). I'm also a bit unsure of why you hadn't moved into the shoulder prior to beginning your turn, as that would seem to be common practice.

Good luck getting everything resolved. And try not to get too upset about it. It doesn't sound like this was serious enough to worry about your policy limits being exceeded.

Who pulls onto the shoulder to make a turn? You are supposed to stay on and in the actual road lane.

[Deleted]

May 27, 2012 9:05:35 GMT -5 Jenniatonu said:

Who pulls onto the shoulder to make a turn? You are supposed to stay on and in the actual road lane.

I see it all the time. Maybe it depends on the road, which is why I said I'm missing information.

Every day, I walk across a street that has one lane in each direction plus a parking lane/shoulder. And every day, I see people move into the parking lane/shoulder while making a right turn. That allows traffic traveling straight to go around them more easily.

[charminglife]

If the van was driving in the shoulder, than I think it is his fault. Call your insurance company ASAP and get a claim started.

[ttt]

Ok if he was passing you on the shoulder then it definitely was not your fault.

Whether the cops assign blame depends on the state. In some states they do, in some states they don't and it's up to the insurance company.

[doctorwho]

There was a car parked in front of the pizza place, I'd say maybe 3 car lengths at most prior to the turn, so DH wasn't in the shoulder. That's why you almost never turn from the shoulder here - its already occupied. So yeah, the other driver sandwiched his 12 passenger van between the parked car on the shoulder and the corner to pass a right turning car on the right.

Having typed it out that way, I'm not sure why I'm even asking. It just seemed less clear cut at midnight.

Thanks everyone.

[fernane]

Is it not illegal to actually pass on the shoulder, or is it more of a common sense thing? They are definitely in the wrong, either way for driving on the shoulder, let alone trying to pass on the shoulder.

[emilyj]

It sounds like the van driver doesn't understand that the shoulder is not another lane. Idiot.

I say his fault, not yours.

[laurenpetro]

May 27, 2012 10:18:20 GMT -5 fernane said:

Is it not illegal to actually pass on the shoulder, or is it more of a common sense thing? They are definitely in the wrong, either way for driving on the shoulder, let alone trying to pass on the shoulder.

it is here. if you do it you can get an "improper passing on the right" ticket. i got one a couple of years ago.

[housegeek]

I think we need a judge Judy drawing of the road. When you get to the end, can you only turn right, or does it T so you can turn left also?

[doctorwho]

I don't think it's illegal here, if you signal. However, that could lead to people thinking you are either parking or turning.

[Seesaw]

I believe he's in the wrong if you had your right turn signal on. I don't know if it's right, but I can understand why he would have thought it would be ok to go around you on the right shoulder to turn right if your left blinker was on.

I thought you always had to come to a complete stop before turning onto another street, even at a T intersection. No?

[miss1991]

Usually the one that yell' s the loudest is guilty. Van guy is a moron and guilty as hell. Sorry about the accident hope things go more smoothly with this guy.

[Deleted]

May 27, 2012 10:50:05 GMT -5 laurenpetro said:

May 27, 2012 10:18:20 GMT -5 fernane said:

Is it not illegal to actually pass on the shoulder, or is it more of a common sense thing? They are definitely in the wrong, either way for driving on the shoulder, let alone trying to pass on the shoulder.

it is here. if you do it you can get an "improper passing on the right" ticket. i got one a couple of years ago.

It's illegal here, too. I remember pissing a lot of people behind me off when I was doing my driving lessons and my instructor was telling me I couldn't go around the car waiting to turn because it was illegal to cross the white line.

Everyone does it anyway, and I've never personally heard of anyone getting a ticket for it here, but it's still in the book.

[Deleted]

May 27, 2012 11:07:43 GMT -5 @Seesaw said:

I thought you always had to come to a complete stop before turning onto another street, even at a T intersection. No?

What?

[ringstrue]

Ugh I'm sorry that happened! I hate that! And ditto everyone. Hope your car can be fixed.

[marynjoe]

He tried to pass you on the shoulder while you were making a legal right turn? He's at fault.

[OuchOuchMyCrouch]

He is at fall fault.