Woman hit me but cop said I'm at fault...why?

Question

I'm 26 and in Michigan. I was traveling on a four lane highway with a left turn lane going eastbound in the right lane. I put on my turn signal and switched to the left lane at the same time that a woman pulled out of a store parking lot going left. I was already partially in the lane by the time I saw her pull out, and she even rode next to me (while she was in the turning lane) for a brief second, and then the side of her car up by the headlight hit my car by the back left tire. She claimed that when she checked before pulling out, the lane was clear, and she didn't see me even though, had she been looking a split second before, I was right next to her and she didn't stop. Though no ticket was issued, the cop said it was my fault and he doesn't believe that I saw her pull out of the lot. This was an older woman (in her 60's/70's) and she basically told me the cop would believe her over me regardless. I was told I had the right of way, so how am I at fault? I have a clean record, too.

Also, the damage was very minor and there were no injuries. I just have some scratches where the paint came off on my car, but hers apparently has a little more damage (I stupidly didn't check her car as I was quite shaken and almost in tears. This was my first accident). I know MI is a no fault state, but I do know that her insurance company go after mine should I be deemed at fault for the accident and I don't want that on my driving record.

I already have a lawyer who said he will look into it for me, but I just wanted some other confirmation. I was already in the left lane fully by the time she reached the turning lane and began merging, and I was slowing down to stop for the light. I honestly don't see how she couldn't have seen me there.

I think I figured out what the issue is. I believe the cop thought I was trying to get into the left turn lane and that's how I hit the woman, when that wasn't what happened. My lawyer has been trying to speak with the chief of police there but has been told for the past two days that he's not in the office. The accident report hasn't been written up yet and the cop who responded will be back in tomorrow. I'm hoping we can get this worked out. I was told the cop had every right to tell me he believed me to be at fault because if I was found to be so, the woman's insurance company can file a claim against mine and make us pay for her damages. I sincerely hope we can get this worked out soon. Thank you to everybody who responded and gave me insight.

Answer 1

The way you described it, I would say it was her fault. For one thing, the left turn lane is only to be used for left turns from the highway, not for left turns from a driveway, parking lot, or side street onto a highway. I see people do this all the time, but it is illegal.

Check out the State of Michigan document "What Every Driver Should Know".

It says: "Never use a turning lane as a merge lane to pull out into traffic or to overtake and pass other vehicles."

http://www.michigan.gov/documents/wedmk_16312_7.pdf

Check out also the Michigan State Police website.

It says: "It is unlawful to use the center left turn lane for a right turn or as a merge lane when entering the roadway."

"http://www.michigan.gov/msp/0,1607,7-123-1586_27094-73839--,00.html

I'd fight it. This older woman was obviously breaking the law.

Answer 2

If you were not in an intersection you were, in my opinion, not at fault. It is the other cars responsibility to check for people signaling to change lanes. If you were in an intersection, you shouldn't change lanes.
When it comes to automobile accidents, the laws are fairly poor. Neither the police nor the judges want to spend any time listening to you. Don't EVER argue with either one without a lawyer. If you piss off a cop, he can find a way to get back at you like you wouldn't believe, like being framed for another crime. The best the to do is forget it. You can't win.
Nobody ever 'wins' in an accident. Ever if the other guy pays for it, your car will never be the same. Drive as defensily as you can. Avoid changing lanes unless you need to make a turn. Don't change lanes just to go a little faster or because you see a place you can cram into.

Answer 3

Since you're in a no-fault state, fault doesn't matter. The cop was out of line telling anyone that they were at-fault.

Even in at-fault states, assinging fault is a complex matter. The right-of-way rules are only the first check. The final decision on fault is assessed by determining which driver had the LAST reasonable opportunity to avoid the accident but failed to do so. That CAN be the driver with the legal right-of-way in some cases!

In your case, if the lane to your right was clear you could have pulled over to the right and avoided the accident. You probably could have braked a bit to avoid contact with the other vehicle. Failing to do so would assign final fault for the accident to you, not the other driver. Additionally, since you had a clear view of the other driver and you were in her blind spot, you had the best opportunity to avoid the accident, especially since her intentions would have been very obvious from your vantage point. Strike 3 against you.

Again, this is a moot point in MI, as it's a no-fault state.

Answer 4

Look you can beat this, I am sure in Michigan you have attorneys who specialize in traffic law. Go find you a good one, may cost you a couple of hundred bucks, but in the long run it will be worth it. These lawyers know how to deal with these kind of situations. They are specialized and they do it every day.

Answer 5

You are at fault because you were changing lanes (as she was). Go to court and have it changed to mutual fault.