Car accident

Aitken

Aitken

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So today me my brother and sister were in a car accident. We were making a left that crossed over two lanes to get to an exit. As you can see in figure 1 the pink car cant see the blue car (us) and we cant see the pink car. So a truck lets us go were cutting across when we get past the truck and are basically across both lanes when this guy comes speeding and hits on the back right (right behind the back seat where i was sitting). If he wasnt speeding he wouldnt have hit us. The back of the car flips up and were thrown onto the exit. Ok. So the cops come do their regular thing asking the questions then they come over and say its my brothers fault because the pink car has a straight a way which undoubtly he did, but my thing is 1)if he wasnt speeding he wouldnt have hit us 2) he didnt even break, no skid marks nothing, just because he has the straight a way doesnt mean your allowed to run someone over because their in your way. No one was hurt thank fully but my mom twisted her ankle coming to us. Does anyone have some insight on whose fault it is? Also forgot to mention i had a perfect view of what happened from my window, if i get chance i can post pics of damage. Thanks
 
If you can prove he was speeding, you might have a case for shared responsibility.

That said, straight away traffic has the right-of-way. Left turns in almost all situations must give way.

Me, personally, I would have edged in front of the truck (since he was letting you go anyway), until I could have visually cleared the oncoming lane behind him. Perhaps had you made the turn more slowly, you could have braked in time.

This sounds like it's going to be a tough fight. At the very least, be thankful everyone is OK.
 
Trippyhippy said:
It's your fault for the exact reason the officer told you.
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See above.

Traffic laws are really strict about fault in accidents in most states, there's really not much you can do about it... and you say he was speeding, but, unless someone clocked him or you have MULTIPLE witnesses that can corroborate his speed AND convince a judge and jury of it, there's absolutely no proof he was and it becomes a meaningless point to make.
 
I was going to type out something long-winded, but so far I'm with Trippy, and Tag with the it's your fault why he said it's your fault.

And with Celv's idea to take it easy in front of the truck to get a view of potential oncoming traffic. P:

Speeding or not your car shouldn't have been there for him to hit.

Just attribute it to back luck or circumstance and be thankful you're okay.
 
If your car flipped, and the worst thing that happened was that your mom twisted her ankle coming to get you, then you should thank your lucky stars over and over again.

Just to continue with the same point...

Lecreuset said:
Just attribute it to back luck or circumstance and be thankful you're okay.
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Sould have signaled to the truck driver to move his ass and waited instead of driving into a blind spot.

I'm sure the truck driver must feel some guilt because they are not supose to let cars pass into blind corners like that.The truck driver should have stayed at the scene if anything.

How was the surrounding traffic ? Did a red light just turn green as to why the truck was haulted and the lane beside it was moving ?
 
Just like everyone else has said, this is your fault as you had to cross lanes to turn so you should of checked both properly before moving off.

However the truck driver is at fault as well as he's legally not allowed to flash you to go, this is exactly the reason why.
 
Anttaru said:
How was the surrounding traffic ? Did a red light just turn green as to why the truck was haulted and the lane beside it was moving ?
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There is no light there, the only witness was the truck, who didn't stay.
 
Celvantes said:
If you can prove he was speeding, you might have a case for shared responsibility.

That said, straight away traffic has the right-of-way. Left turns in almost all situations must give way.

Me, personally, I would have edged in front of the truck (since he was letting you go anyway), until I could have visually cleared the oncoming lane behind him. Perhaps had you made the turn more slowly, you could have braked in time.

This sounds like it's going to be a tough fight. At the very least, be thankful everyone is OK.
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depends of state laws, but what you said holds true here in pennsylvania. i was making a left from south bound lane and i had to cross north bound lanes light was yellow/red <orange i say lol> any wy i get Tboned by a lady driving a club wagon doing 70 miles/hr it was estimated she tried to sue and lost t. the reason here in PA a driver must have control of the front of his car at all time regardless if they have right of way at least this is the way i remember out of a 20000 dollar reward the arbitrator found i was 20% cause of accident the lady 80% out of 20k i was awarded 80% of that after lawyers cut i got like 11k be;ive me it was not worth the money my car flew apart i was hurt but i live idk how i should have been dead scary event it was. but the laws vary from state to state get a lawyer immediatly and make sure everyone is on the same page when disposed
 
He had the right of way, It doesn't matter if he was speeding, and it doesn't matter if he didn't break, that would be factors to take into account if it gets taken to court, usually in the case of your death. And if you try to take this to court now, there's a good chance you'll be found guilty anyway(mostly because he had right of way), plus the loss of time, court fees.

You still should feel fortunate though, at the very least your still alive, and nothing is permanently broken.
 
Aitken said:
accident.jpg


just because he has the straight a way doesnt mean your allowed to run someone over because their in your way.
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you apperently have never been to Texas j/k
but i see where you are comming from although I agree with you, the other car did have the right of way according to "The Law"
 
I would have hit you just like he did... If your dumb enough to cut me off you deserve to get hit. Its drivers like you that piss me off, and my city is full of them. No body knows when they have the right of way and they just go cutting people off. Seriously, take caution before just shooting out into the next lane without having a CLEAR view of on coming traffic.
 
You were in the wrong. You should have waited till you could see clearly.
 
Well, the only thing is if he was speeding, he was in violation of a traffic law. If you are in violation of a traffic law, you forfeit the right of way. You don't have right of way, any and all accidents you are in are your fault. And they would be able to tell if the other car was speeding or not if they actually took the time to do the accident investgation like they should. But, if you got some lazy cops, yer shit out of luck, even if it wasn't really your fault.
 
.... Pray the other guy wasn't 100% sober at the time or you are boned. This may sound a little shady, but if you know you're sober and it looks like you are going to be put at fault for any traffic accident, your only hope is to hint to an officer the person may have drugs in their system. If the officer wants to, everyone will be asked to submit a sample, and you may luck out. Kinda dickish thing to do, but if you really can't afford the bill and you think it's worth a shot, do it. If anything comes up in their system, it becomes their fault, regardless of the fact they were legally within their rights otherwise.
 
You always look before proceeding past something, no matter what it is. The proper thing to do here was to stop in front of the truck and take a peek at the area you previously couldn't see because of him. I wouldn't even try to do anything about it considering your carelessness. Even if the person was speeding you should have saw him coming. Reason he didn't break is probably because he probably didn't think for a second someone was idiotic enough to go the route in front of him. That's the only mistake he made. People should always assume everyone else on the road are stupid drivers.
 
Andreva said:
Well, the only thing is if he was speeding, he was in violation of a traffic law. If you are in violation of a traffic law, you forfeit the right of way. You don't have right of way, any and all accidents you are in are your fault. And they would be able to tell if the other car was speeding or not if they actually took the time to do the accident investgation like they should. But, if you got some lazy cops, yer shit out of luck, even if it wasn't really your fault.
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Good luck proving he was speeding because you can't gauge it accurately without knowing the exact speed of the car that got hit, too.
 
Im on the resounding side of you were in the wrong. Be thankful no one was seriously hurt move on and become a better driver because of it.
 
Aitken said:
There is no light there, the only witness was the truck, who didn't stay.
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Yeah. You guys should have told the Truck to fucking move and wait for it to do so. Instead he stops like and idiot and signals for you to pass, following his direction was a mistake.

I've seen drivers like that on the road, they go so far out of their way to be courteous they stop in the middle of the road and hand over the right of way, which sometimes causes accidents, and is down right retarded. If you see a driver like that truck driver again, roll down the window and tell them to get the fuck off the road instead of following their signals, cause in many cases it will cause an accident.
 
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