StickyFingers
Member
"It was a legal passing zone approaching a bridge"
How far was the bridge from the turn into your driveway?
How far was the bridge from the turn into your driveway?
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Fault question
- Thread starter Smakman
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
- Status
rmet4nzkx said:Well, Wondeful,
You cause an accident, you don't look to your left knowing it is a passing lane, your signal light isn't working and you luck out. Going by what you said, you were at fault, perhaps there was something else in the police report. Your insurance may say they are responsible, wait and see wht their says, it may be different.
They had a duty to slow down and observe before passing. They did neither. You really need to take some reading lessons. I contend that my signal WAS working before the impact.
And you had a duty to look behind you and also into that known passing lane before you turned as well. Contend all you want, the evidence showed your signal wasn't working when the trooper checked it, you have no way to prove it was anything less than what the trooper found. You will still have to contend with what their insurance claims as well. It's not decided just yet.Smakman said:
LdiJ
Senior Member
rmet4nzkx said:
Ok...it wasn't a passing LANE, its just that they were located in a passing ZONE. His car was basically stopped so that is a pretty good indication that he was doing SOMETHING....ie getting ready to turn. The other driver had an obligation to slow down and see what was going on before attempting to pass. Watching for people making left turns before attempting to pass is basic common sense.
Sure, the other driver's insurance company might try to make him partially at fault, but even if his signal definitely wasn't working, I can't see how they can claim that their insured acted responsibly.
My insurance company tells me that it is illegal to pass a turning vehicle in MO even if they are turning right and it doesn't matter whether or not a signal was on. One question you ignored, rmet4nzkx, was if the signal is struck in the accident and isn't working afterward, what then? Anyone can claim that anyone's lights aren't working in most any situation and attempt to put the fault on them. If the light gets smashed in the accident, of course it won't be working afterwards. Then what?
That is correct, it was a passing zone, but there was no dedicated passing lane.
That is correct, it was a passing zone, but there was no dedicated passing lane.
What if, what if, what if....Smakman said:
They said you didn't have a signal light on and that is what the trooper found.
The what if's are not relevant, you can rest assured that their insurance company will argue that they were in a legal passing zone/lane there was no indication that you were turning only going slow, and that you suddenly turned without signal, confirmed by the trooper. So, while it may be against the law in MO to pass someone making a turn in either right/left direction (how is this qualified when there are turning lanes?) They will contend that you were not turning because you were not signaling. If your signal was intermittant, then your vehicle was not in proper repair.
No YOU don't know how to differentiate between, facts/evidence and postulation.Smakman said:
It is fact and evidence that your turn signal was NOT working when the trooper checked it, comfiorming what the other party said.
You are claiming that your signal not working was due to the accident, something you have no way to prove and is NOT supported by the evidence. Your belief that it was working is not fact.
If something is not relavent, there is no reason to waste time answering it.
People cmon! The passing car is going to be determined at fault by both insurance carriers. I defend enough of these cases to know that the other carrier may huff and puff a little but in the end they will fold.
A car passing on the left and entering an oncoming traffic lane around a car that is stopped at the entrance to a driveway is not going to get away with "the left turn signal wasn't working when I went past".
Now go and drink some eggnog and finish wrapping your kids' gifts.
A car passing on the left and entering an oncoming traffic lane around a car that is stopped at the entrance to a driveway is not going to get away with "the left turn signal wasn't working when I went past".
Now go and drink some eggnog and finish wrapping your kids' gifts.
teflon_jones
Senior Member
I'm with stephenk on this one. Regardless of whether the signal was working, the passing vehicle has a responsibility to make sure it's safe to pass. They hit you by passing unsafely, so they're at fault.
- Status