hi all! i was driving on a dual carriage (30mph limit) way with a passenger.. i stopped behind an estate car which wanted to turn right into its property. because of opposite flow of traffic i waited for a while behind him.. other cars started undertaking us on the left lane. i decided to move into the left lane to go pass the estate car. i looked in my mirrors (inside mirror was a black merc), i looked into my left mirror waited until it was clear signalled left, check my blind spot.. and then when it was clear i started to moved into the left lane. suddenly my mate started shouting "woohoo watch out" i quickly glanced over my left saw this fast car approaching. i cudnt move back into the right lane cos the estate hadn;t move yet. so i floored the accelerator hoping to get out of the fast car's way.. unfortunately he hit us..(nobody hurt) he damaged my rear wheel arch and passenger doors won't open.. rear bumper intact. his car.. driver wing damaged, and wheel axle buckled.
thanks
2007-02-10 23:23:08 · 10 answers · asked by gbpanray 1 in Cars & Transportation ➔ Safety
Your fault. You pulled into the way of the traffic flow. The accident report will say "failed to yield".
2007-02-10 23:27:19 · answer #1 · answered by Stuart 7 · 2⤊ 2⤋
I'm so sorry this happened to you. It is important to know what the police report says--what the police officers at the scene say in the report, what the other driver says happened, and what you stated to the officer and what he subsequently put in his report. Also it is important to consider whether or not the other driver was cited (i.e., got a ticket) for completely blowing that light like an asshole. If he got a ticket, he will be what we call in the law "negligent per se", which means he's negligent and his negligent caused the damage. No need to prove it with witnesses. Are there any witnesses at all? You really would only need one. If possible, gather all your info before proceeding to another lawyer. As you know, many personal injury lawyers work on contingency, which means they get nothing unless they get a judgment for you--so they are motivated to work hard. Maybe the lawyer you talked to was just lazy because it's not an open-and-shut case and it will take some leg work. Even if a lawyer will not take your case, your insurance company will work their butts off to get their money back from his insurance company, because it was his fault. So don't forget to stay connected with your insurance company. but to answer your question, NO, if you proceeded through the green light like a law abiding citizen, and he blew the light to get his bratty kid to school on time, then you broke no laws and if justice prevails, should be fairly compensated for your car, your pain, suffering, and lost wages.
2016-05-25 10:20:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not knowing any more than what you have said. I.E. I haven't seen the scene of the accident, interviewed the other driver or any witnesses, I would have to say the fault lies with you. If I were the cop, I would probably site you for an unsafe lane change and let your insurance companies sort out the details.
2007-02-11 09:36:01 · answer #3 · answered by gimpalomg 7 · 0⤊ 0⤋
No one else asked a very important question....was the lane that you were pulling into (or he was traveling in) an actual lane of travel or was it the shoulder of the roadway? If it was an actual lane of travel then yes you could get a ticket of failure to yield right of way, BUT if the lane was NOT a lane of travel then he is most certainly at fault. in either case it does sound as though he should receive a ticket for speed unreasonable, or prudent.
2007-02-11 00:04:16 · answer #4 · answered by alk99 7 · 0⤊ 1⤋
I take it you are in England or some other "drive on the left" place?
Well, in the US, since you were hit from behind by the other car, it is definitely not your fault.
The theory goes that a safe driver will not exceed the speed that would allow him to stop before hitting an obstacle in front of him, even if said obstacle (like you) does something unexpected or even irrational.
So you are not at fault, by American driving standards. However, you should not trust your mirror to tell you that the way is clear behind you ... turn and look!
Good luck.
2007-02-10 23:30:10 · answer #5 · answered by Grendle 6 · 1⤊ 3⤋
Changing lanes when unsafe to do so. Sorry, your fault. You should have been patient and waited until it was clear to go in your lane.
2007-02-11 06:36:13 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
I don't know what country you are from. but here in the USA you will be charged at fault. although the other driver hit you. you pulled into the path of the other car,causing the accident.
2007-02-10 23:36:29 · answer #7 · answered by deanrusk44 1 · 1⤊ 0⤋
His fault friend. If ever you are shunted from behind it's always the behind driver. He was speeding anyway from your description. Did you get the police?
PS Well done for your quick thinking in getting out of the way as much as you could. It could have been much worse.
2007-02-10 23:28:47 · answer #8 · answered by lou b 6 · 1⤊ 2⤋
Your fault. You failed to yield to an approaching vehicle.
2007-02-10 23:31:01 · answer #9 · answered by Bostonian In MO 7 · 1⤊ 2⤋
The cops will let you know
2007-02-10 23:30:50 · answer #10 · answered by shufly 4 · 0⤊ 1⤋