who would be at fault
07-26-2009, 12:59 PM
#1
Safety Car
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who would be at fault
Ok, the road in front of my neighborhood has always been very busy, it is nearly impossible to make a left turn so most people just turn right and go around. It was a one lane road until the genius developers built a strip mall right in front of the entrance so now there is even more traffic. Additionally, the lane on the side of the strip mall has two lanes, (the original lane, and a turn only lane to get into the strip mall parking lot).
Sometimes drivers stop to let people turning left out of the subdivision out without having to wait all day, but usually the drivers behind that person will swerve into the turn only lane to pass the person letting someone out. Sometimes this results in a collision when the driver attempts to merge back into the driving lane.
So who would be at fault? The driver turning left out of the subdivision, or the driver who attempted to merge back into the driving lane after using the turn only lane to pass?
Sometimes drivers stop to let people turning left out of the subdivision out without having to wait all day, but usually the drivers behind that person will swerve into the turn only lane to pass the person letting someone out. Sometimes this results in a collision when the driver attempts to merge back into the driving lane.
So who would be at fault? The driver turning left out of the subdivision, or the driver who attempted to merge back into the driving lane after using the turn only lane to pass?
07-26-2009, 05:17 PM
#2
The car coming out of the residential area may be put at fault, either 100% or partly responsible (in accidents you don't necessarily have to have one person entirely at fault or the other way around).
it sucks, but the main road has the right of way. Car coming out of residential area has to wait for ALL traffic to clear.
The car that did the swerving into the left turn lane to go around the car letting car out of the residential area may be held liable too.
But there really isn't any way for the car coming out from residential area to not be held responsible as he simply does not have the right of way.
Here's a scenario:
Let's just say that you were waiting to make a left turn into the mall parking lot. Then you changed your mind, and you signal to merge onto the main traffic. And as you do so, you get into a collision with a car that came out of the residential area. You didn't see said car because you were too busy looking at your side mirror for clearance. And when you saw a car stopping, you think it's for you and you proceed to merge, without realizing that the stopped car was actually letting the residential area car out.
Now that's the innocent version, not the douchebag who couldn't wait to let a car go through and swerved into the left lane to get around the stopped car version. But it's the same premise. He could've went into the left lane, then changed his mind, and went into the right lane again (not intending to go into the mall and changing his mind, of course, but simply to pass the stopped car letting the other car out). But the fact is, he still had more right of way than the person coming from the residential area.
it sucks, but the main road has the right of way. Car coming out of residential area has to wait for ALL traffic to clear.
The car that did the swerving into the left turn lane to go around the car letting car out of the residential area may be held liable too.
But there really isn't any way for the car coming out from residential area to not be held responsible as he simply does not have the right of way.
Here's a scenario:
Let's just say that you were waiting to make a left turn into the mall parking lot. Then you changed your mind, and you signal to merge onto the main traffic. And as you do so, you get into a collision with a car that came out of the residential area. You didn't see said car because you were too busy looking at your side mirror for clearance. And when you saw a car stopping, you think it's for you and you proceed to merge, without realizing that the stopped car was actually letting the residential area car out.
Now that's the innocent version, not the douchebag who couldn't wait to let a car go through and swerved into the left lane to get around the stopped car version. But it's the same premise. He could've went into the left lane, then changed his mind, and went into the right lane again (not intending to go into the mall and changing his mind, of course, but simply to pass the stopped car letting the other car out). But the fact is, he still had more right of way than the person coming from the residential area.
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