Accident: Who's Fault is it?

[WillyG4444 10+ year member]

I got into an accident today. Here's the deal: I was going onto 287 North. About 30 feet before that there is a turn for 208 South. They are both right turns. When I put my blinker on to turn into the lane to go to 287 North it was about 20-25 feet before the turn to 208 South. A guy pulls out thinking I'm turning on 208 South but I wasn't. I didn't even slow down. I was turning onto 287 and had not turned yet. Is it my fault because my blinker was on too soon? Or his for not waiting for me to turn before he pulled out. Help would be appreciated. Thanks.

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[Chevillac 5,000+ posts]

His. IIRC there are questions on the tests about how far out you turn on your blinker to indicate a turn, it was more than 30ft. I guess that would work if you get technical. But you guys didnt call the police or anything? Also, your insurance company is probly going to be the one to decide if it was your fault or not. Is there a reason you wanted to know this?

 

[WillyG4444 10+ year member]

Well the police came but they didn't decide whose fault it was. I just was curious about whose fault it was because I have to wait a few days for the insurance companies to dispute it.

 

[danteBirosel 5,000+ posts]

it'll take a while for the police to figure out whos fault it is. I remember i witness an accident on the freeway before. and a month or 2 later, the cops called me on my cell phone (what i used to call the police) asking what exactly happened because they cant figure out who's fault was it.

-Dante

 

[saywhat? 5,000+ posts]

Id say its his, but you technically put your blinker on too early.

 

[djman37 5,000+ posts]

his, you didn't turn. He has to yield the right of way, but didn't. 2 seconds of his time, jeez.

Even WITH your blinker on, he has to wait for you to turn.

 

[tRiGgEr 5,000+ posts]

who hit who? Regardless of the turn signal. If you were in your lane and he hit you coming in to it, it is his fault. If you hit him turning in to the turn lane, it is your fault. These things are blatantly obvious.

 

[jluv 10+ year member]

You did not put your blinker on too early. It is his responsibility to make sure the coast is clear before entering the new roadway. In most cases, if you were on the roadway already that he was entering, you have the right of way. But it all depends on how the collision occured at the point of impact. Was he halfway out of the entrance to the road you were on? Did you hit him in the front driver's corner of his car? If so, his fault. You were on the road and he stuck his car out in your way. You had no time to avoid him. BUT, if he got all the way out and you hit him in the rear of his vehicle, they will probably say that you had time to avoid the accident, and they put at least part of the blame on you. Good luck.

 

[sumone 10+ year member]

You had right of way (since you were not interrupting the normal flow of traffic), so it's his fault.

 

[mikeyboc 10+ year member]

His fault FTW. You can not be found at fault for putting your blinker on too early. I beleive he will be cited for failure to yield right of way, or some BS along those lines.

 

[DarkFox 10+ year member]

We need to know who hit who and when? You said you didnt slow down at all, did you rear end him? did he merge into you.. thats really wat determins it. If you rearended him, its your fault, no matter what. if he merged into you then its his fault. forget where it happened or what states the blinker were.. give us more info on the accident.

 

[WillyG4444 10+ year member]

We need to know who hit who and when? You said you didnt slow down at all, did you rear end him? did he merge into you.. thats really wat determins it. If you rearended him, its your fault, no matter what. if he merged into you then its his fault. forget where it happened or what states the blinker were.. give us more info on the accident.

I meant I didn't slow down to turn when my signal was on. It was a 40 MPH road. He pulled out and I slammed on the breaks. My front bumper hit his driver's side door. It was about right in the middle of his drivers side. I mean he pulled out when I was 10 feet away from him I couldn't avoid it.

 

[djman37 5,000+ posts]

I meant I didn't slow down to turn when my signal was on. It was a 40 MPH road. He pulled out and I slammed on the breaks. My front bumper hit his driver's side door. It was about right in the middle of his drivers side. I mean he pulled out when I was 10 feet away from him I couldn't avoid it.

His fault. /thread

 

[Prowler573 5,000+ posts]

The easiest way to tell who gets fault attributed to them is to look at the police report. (this is not necessarily indicative of who is actually at fault...just who the cops are deciding is at fault)

Look at the police report.

See which party the cops wrote up as "Vehicle 1."

That's who the cops say is at fault.

If you dispute their opinion good luck //content.invisioncic.com/y282845/emoticons/crap.gif.7f4dd41e3e9b23fbd170a1ee6f65cecc.gif

 

[WillyG4444 10+ year member]

I see. I should be getting the report in a few days. It also sucks cause they towed my car without asking if I had AAA which I do, so I have to pay an extra 60 bucks now for the towing. Ugh.