"I approached the 4-way stop, signaling to make a left turn and made a complete stop. About 2 or 3 seconds later, the other driver approached the 4 way stop in a giant Ford F-250 with oversized wheels. We essentially arrived at the same time, so in order to avoid confusion; I wanted him to go first. He didn't seem to have acknowledged me and seemed to be distracted, making it an unsafe situation. After several failed attempts to make some kind of eye contact with him, I could see that he was clearly rummaging through things in his car and that he was in his own little world. After waiting a significant amount of time for him to proceed, I could tell he just wasn’t going to budge. I decided to go ahead and proceed with my turn, and let go of my brakes and carefully made my left turn as to not alarm him. Almost complete with my turn, about 90-percent, and he just lets go of his brakes and slams right into my passenger rear side, failing to yield to a vehicle already in the intersection."
2006-10-23 06:54:10 · 19 answers · asked by MM 1 in Cars & Transportation ➔ Safety
If he hit you from behind, then it should be his fault
2006-10-23 06:56:04 · answer #1 · answered by Molly323 5 · 0⤊ 1⤋
You have to consult the traffic laws in your jurisdiction, but in Ontario, Canada, the driver that arrives first at a four-way stop automatically gets right-of-way. You state that you arrived first and the truck showed up a few seconds later. Unless he had flashing lights on top and the words "Fire Department" on the side, you had right-of-way. ;-)
Depending on the reporting regulations of your jurisdiction, you should have exchanged insurance information and called the police to report the collision. If he kept going after the collision, without getting out to check on you and talk with you about the insident, he is committing a criminal offence of "Leaving the Scene of a Traffic Collision" which can result in a suspended licence, a fine and/or jail time.
From your description, the other driver is clearly at fault, but the police and/or the local traffic courts should make that determination.
BTW, the right-of-way proceeds in Ontario: Vehicle arriving first, vehicle on the RIGHT, vehicle crossing least lanes of traffic.
2006-10-23 14:14:25 · answer #2 · answered by David Nuttall 6 · 0⤊ 0⤋
You were correct in waiting the time that was needed. You had the right of way, as the driver to the LEFThas the right of way at a 4 way stop when both of you approach the intersection at the same time.
2006-10-23 14:09:06 · answer #3 · answered by twilite1002 1 · 0⤊ 0⤋
I work for an insurance company & from what you stated; I would say the other person, simply because you were 90-percent in your turn when he proceeded thru the intersection. There's a possibility that the other driver could dispute liability for the accident, which in turn could take longer for the insurance companies to battle it out & in some cases, each company finds each party responsible. This usually means they can't tell who's fault it is. Good luck, hope there were witnesses.
2006-10-23 14:01:49 · answer #4 · answered by Nae Nae 2 · 0⤊ 0⤋
The other driver (Ford F-250) is definitely at fault regardless of having arrived at the intersection virtually simultaneously. Because he was not practicing safe driving by being inattentive of his surroundings he is the cause of the incident. When it became clear that he was not going to proceed through the intersection he in fact yielded to you. When you therefore proceeded through the intersection, as you should have at this point, he in fact violated the failure to yield road rules and is therefore liable.
2006-10-23 14:07:43 · answer #5 · answered by mzmscheeveeuhs 3 · 0⤊ 0⤋
If you showed up and made a complete stop BEFORE he showed up, then it was your right of way and he's at fault. If you both showed up at the intersection and stop at the same time (give or take a few seconds), then it was his right of way since he was to the right of you. Since he wasn't moving and you weren't able to make eye contact, you should have honked at him and proceeded only once he would have given you the ok to go.
2006-10-23 14:00:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Sounds like he is at fault since you were already in the intersection. Also, you had arrived at the intersection first, so you had right of way.
2006-10-23 13:56:15 · answer #7 · answered by danl747 5 · 1⤊ 0⤋
Unfortunately, it's your fault. You failed to yield the right of way. Left turn drivers must always, always yield the right of way to everyone else. It doesn't matter if your light was red, it doesn't matter if you controlled the intersection. Next time, honk your horn to get his attention.
2006-10-23 13:57:41 · answer #8 · answered by Jamie T 2 · 0⤊ 1⤋
Don't you know that the bigger the truck the more rights they have on the road? You should have waited, even if it had taken him an hour, you should have just sat there. If you are not in a big truck you have no rights, didn't you know that?
(Obviously I'm kidding, he should be fined and pay for your damages.)
2006-10-23 14:03:38 · answer #9 · answered by nimo22 6 · 0⤊ 0⤋
Since he hit you behind the drivers door, then he is at fault. This showed that he had plenty of time to stop.
2006-10-23 22:24:24 · answer #10 · answered by Iam!! 4 · 0⤊ 0⤋
You were there first, you have the right of way. Also, he is obligated to wait until the intersection is safe to enter.
2006-10-24 02:55:45 · answer #11 · answered by Anonymous · 0⤊ 0⤋