if your are doing a turn around the road..and someone hits your car on the side, cos they were speeding who is

Question

at fault...

it wasnt a bz road..was pickin kids up from school..so all cars shud be doin 5mph..enuf ppl saw the other car speedin...was 4 guys under the age of 20 and the car wasnt even insured by the driver..he claims the car is insured by his dad...so who shud be at fault

Answer 1

i have to disagree with the majority of people answering this question. it is there fault. in the uk you should always drive at a speed where you are able to stop in any circumstance. IE if you hit someone from behind you are at fault as you were driving too fast to stop. same thing. we learn 3 point turns on our test of course there not illegal unless you done it where theres a no u turn sign.

Answer 2

Strangely speeding will not count for all that much with insurance companies. Reason being is that fault is based on case law and this does not always mention speeding. If the speed of the vehicle meant that it would have been impossible for the other car to stop if you had been stationary then you might have a chance.

The other drivers insurance company will almost defintely argue that case law suggests that you should have been giving attention to both directions and not made the maneouvure whilst another car was in the vicinity.

Seems unfair but I expect this to come out as a split fault claim i'm afraid.

Answer 3

The oncoming vehicle (if this was a U-turn, 3 point or 5 point turn) has the right of way all the time. There is no state where that law does not hold true. This law also applies to turning onto a street (where your light is red but turns are allowed) and the oncoming vehicle has a green light. The right of way they have will make you at fault. Sorry, but thats traffic law. You will lose the insurance battle, but you can still beat the ticket (if you got one) if you go to court (80% of officers never show).

Answer 4

I don't know from a legal standpoint, but here is a logical point of view:

First off, if you were making an illegal turn then you are at least 50% at fault.

Assuming it was legal:

You need to consider who caused the accident. If you slam on your brakes and someone rear ends you, it is their fault because they should not have been following so close or should have been in control of their vehicle. Using the same logic, you were basically stationary and were hit by a moving object. Therefore, you could not have caused the accident because your car was no more than obstruction to the road. If the person who hit you was in control of their vehicle they would not have sent it hurtling into a stationary object.

Answer 5

If you were in the middle of a U-Turn, and they hit you, it would be your fault for not checking to make sure the coast is clear. If you were say, making a left hand turn at a blinking red light, once again, you'd be at fault. If you were say, in a neighborhood....turning at an intersection, and someone was flying through the neighborhood, and hit you even after you checked and the coast was clear, then they would probably be at fault for speeding in the neighborhood. Good luck with that.

Answer 6

Your fault because you cannot turn around on the road. Even if the car were to be going slowly or fast and would of hit you its your fault. Its like when a car hits you from behind or you hit someone from behind, its ALWAYS the guy that hit from behinds fault. I know sad but true

Answer 7

You!!! You give up right away when you make a turn. Did they cite the driver for speeding. The only way you would be at fault if they were traveling like maybe 80 to 100 mph.

Answer 8

Doing a "youie" in the middle of the road? that intells a left turn of some sort which puts YOU at fault. Even if the guy was going 130 while doing lines off of a strippers boob, you'd still be at fault.

Answer 9

Speeding or not, they wouldn't have hit you if your car was not where it shouldn't have been. Sorry, but unless there is a lot of evidence that the person was speeding at a Criminal Code speed (indictable offence), or was drunk or on drugs, you will end up being judged at fault.

Answer 10

Not the answer you want but, how are you going to prove that they were speeding? It is much easier to prove that you were doing a U turn without checking the road sufficiently first or that there was insufficient view at that position to make a U turn.