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Traffic question, who's at fault?

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Old 08-01-2005, 10:21 AM
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Question Traffic question, who's at fault?

OK, you're stopped at a stop light behind a guy who is waiting to turn left. Oncoming traffic is going straight or turning to their right. You'r tired of waiting so you pass the guy on his right. At that time someone in oncoming traffic makes a left turn and you hit them. You're at fault, correct?
 

Last edited by Bruker; 08-01-2005 at 10:26 AM.
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Old 08-01-2005, 10:24 AM
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i believe youd be at fault that be catergorized as aggresive driving. why did you get hit or are you the hitee
 
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Old 08-01-2005, 10:26 AM
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Niether, I just see a lot of people doing this.
 
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Old 08-01-2005, 10:53 AM
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I think there are more things to consider:

1) was the guy you passed blocking the view of you or the oncoming traffic?
2) did the guy making the turn from the other side of the intersection have time to avoid the accident?
3) was that same guy going too fast?
4) was there a lane for you to use on the right?

Whether or not your actions are against the law, doesn't necessarily make the accident your fault. You may be a contributing factor, but we all have the responsibility of avoiding accidents whenever we can. For example: it's illegal to stop on the interstate, but if you see someone stopped, you are expected to avoid them, right?
 
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Old 08-01-2005, 11:24 AM
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No, the other guy would be at fault. Left hand turns have to yield to people who go straight AND people who turn right. While it should be everyone's responsibility to avoid an accident and the person who hops out from behind a left-turning vehicle SHOULD take care to observe traffic before he throws himself into it, on a technicality it would be the fault of the guy turning left.
 
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Old 08-01-2005, 11:33 AM
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If they could prove the position of the guy that jumped into traffic, he'd get the citation. Not the guy turning left. If I read the scenario correctly this moron jumping from behind the guy turning left would not have been there until the other person was already in the middle of the intersection.
 
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Old 08-01-2005, 12:20 PM
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If it is a 2 lane highway, it would be classified as improper lane useage. I see that all the time here, and did recieve a ticket for such, no accident, just a state trooper who happened to watch me pass the guy on the right.
 
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Old 08-01-2005, 12:42 PM
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If the police were called and a citation was issued it is obvious who the police believe was at fault. If no ticket was issued, the insurance adjusters will review the accounts of the parties and any witnesses, the police report and will reach a decision. Don't sweat it and don't seek advise from nonprofessionals.
Dono
 
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Old 08-01-2005, 12:44 PM
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Thanks for the reply bigdaddyII, I thought that's what the call would be.
 
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Old 08-01-2005, 12:54 PM
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Wait a minute... do you mean this is on a two lane highway, so the right lane is a right-turn only lane? Or a four-lane highway so the right lane is another traffic lane?
 
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Old 08-01-2005, 01:03 PM
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D-ranged2.5, two lanes total. Example, one North bound and one South bound.
 
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Old 08-01-2005, 01:03 PM
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I agreee with pfogle. If there is not a left turn lane then you can not go around the left turning vehicle to continure straight. once you "go around" them you have left the marked travel lanes and are responsible for the accident.
 
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Old 08-01-2005, 02:48 PM
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D-ranged2.5, Bruker means the guy passing is driving on the shoulder. The guy on the shoulder is at fault. Whether he will be cited depends on how the scene looks when the cops get there and if there are witnesses.

Here's another situation that's slighlty related. Painted lines: Broken lines you can cross. Solid lines you can't. Color doesn't matter. Solid yellow means there's oncomming traffic on the other side. Solid white means there is no oncomming traffic on the other side (ie shoulder or lane divider). The solid white line on the shoulder means you cannot cross it to contine travel. Don't believe me? Ask any driver in CA who's been ticketed for this. I've seen people ticketed because they moved into a right turn only lane at the broken white line, changed their minds and crossed back across a solid white line and got a ticket for it. Around here (NY) there are solid white lines at the entrace to any multi-lane intersection. This is to indicate no lane changes in the intersection.
 
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Old 08-01-2005, 03:17 PM
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Moved to appropriate forum.
 
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Old 08-01-2005, 05:27 PM
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Originally Posted by D-ranged2.5
No, the other guy would be at fault. Left hand turns have to yield to people who go straight AND people who turn right. While it should be everyone's responsibility to avoid an accident and the person who hops out from behind a left-turning vehicle SHOULD take care to observe traffic before he throws himself into it, on a technicality it would be the fault of the guy turning left.
Tuff Call , But I've always been lead to believe the Guy on the RIGHT has the Right of Way. When entering a 4 way Stop
 


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