Last night while coming home my husband made a left hand turn into our drive way. During the turn we heard a honk and saw a car coming down the hill very fast right at us. It looked like we had plenty of time, we pulled into our driveway and stopped. When we looked to our left we saw the other car fly past us and then hit a post in our fence.
He says that we pulled right out in front of him and that he almost hit us. His witnesses say the same (in another car but knew the man).
We say we had plenty of time, but the man was speeding. Before we turned we didn't see him (though sight distance is limited because of a big hill) We live at a children's home on a Farm to Market road, speed limit is 55 but there are signs posted to slow down because of Children at Play.
The man's skidmarks go straight and then take a sharp turn towards our vehicle and our driveway. If he was trying to avoid hitting us why did his car turn toward us?
Honestly what do you think? Were we at fault?
2006-10-21 11:12:52 · 5 answers · asked by Anonymous in Cars & Transportation ➔ Other - Cars & Transportation
The officer writing the report did not give a ticket but said that it appeared to be us at fault because of a failure to yeild right of way in a left hand turn. All you used to determine this was the 2 witnesses.
2006-10-21 12:16:13 · update #1
Your problem is the witness. In your favor is the skid marks.
I was a claims adjuster for a while, and what you have is a classic "liar's contest". (at least that's what we called it)
You're actually on pretty solid ground. If the other guy (og) owns up to leaving skid marks, you are home free, he was speeding and lost control. That the witness is a buddy of his doesn't look good for him either.
If he doesn't own up to leaving skid marks, the question remains "Hey, why did you lose control of your car if your wheels weren't locked up?"
You were able to get out of the way before contact with the og, so your contention is that you didn't turn in front of oncoming traffic. His contention is that you caused his solo loss.
You can prove you had time to make your turn . . . you did so without getting tagged by his car.
Og has an uphill battle proving he wasn't speeding as he didn't hit your turning car, he lost control, left skid marks and hit open and obvious stationary targets.
You're in better shape than you think.
Just be sure to report it to your insurance carrier so they can provide a defense for you. Be sure to make it very clear that you don't think you were at fault.
2006-10-21 11:33:55 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Since he didn't actually hit your car, he would be at fault for reckless driving. I had a similar situation once, where someone who was driving badly ran me off the road. The police told me that since no actual impact occured between our two cars, it wasn't a traffic accident, and that I was at fault for my own damages only.
So, it sounds like this other driver will be at fault for his damage, and maybe even for your fencepost. Sounds like he wasn't driving defensively.
2006-10-21 11:19:04 · answer #2 · answered by Anonymous · 1⤊ 0⤋
if he persists you may have to hire an independent accident investigative firm that can measure skid mars and determine speed and failure to control vehicle.the fact that you made it into driveway and this guy steers into post speaks VOLUMES to me but law suits are scary and stupid-good luck
2006-10-21 16:41:04 · answer #3 · answered by badmts 4 · 0⤊ 0⤋
fault doesn't always mean right or wrong, he would have the right of way, and proving speed is tough. Even if you are right the fault could very well fall at your feet. good luck
2006-10-21 11:19:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Thank god no one was hurt, sounds like every ones guardian angels were working overtime. My opinion is he is in the wrong, probably speeding and driving recklessly. Good luck.
2006-10-21 11:33:34 · answer #5 · answered by pajello2dogs 2 · 0⤊ 0⤋