Who is at fault(updated)?

Question

It is after sunset. Driver X is heading southbound and then moves into the center lane to make a left hand turn (to head East) into a neighborhood street. Driver X proceeds with their turn. Driver Y is heading northbound and collides with Driver X as Driver X is making their left hand turn. Driver Y was traveling with the headlights off. Driver Y struck Driver X on the front right (passenger side) panel. Independent witnesses and bystanders stated Driver Y was indeed traveling with the lights off.


Additional Info: No traffic devices. Thirty minutes after sunset. No drivers on cell phone. Only lighting comes from the plaza on the west side of the street. Speed limit on major street was 45. Driver X was stopped before turning East and cannot have exceeded 10mph. Speed of Driver Y is unkown but as being the middle of the road Driver Y was likely traveling around 45mph. Driver Y hit Driver X on front right panel (passenger side). Witnesses confirmed Driver Y had lights off.

Answer 1

Some States have what is known as a boulevard rule. It is a tough one. In my State it says that anyone who fails to yield the right of way to any vehicle approaching is guilty of the collision. The law goes on to say even at night when the favored driver has no headlights on is driving backwards down the highway and even speeding the one taking the right of way is at fault. So driver X would be guilty of the left turn violation and driver Y would be guilty of driving without headlights on. Common sense from my perspective as a Traffic Officer would be to charge the driver without his headlights. The conditions would have to be so dark that a person making the left turn would have been unable to see the vehicle at what is known as the possible point of perception. Meaning a point in time where driver X could have and should have seen driver Y. If the conditions were that dark then Driver Y is completely at fault.

Answer 2

Driver Y apparently violated a common traffic ordinance by failing to have their lights on. Drive Y was negligent, and at least partially at fault for the accident.

Driver X apparently violated a common traffic ordinance by failing to yield to Driver Y. That failure might have been partially mitigated by Driver Y's negligence, since the headlight requirements were intended to prevent such incidents.

The determination at-fault would be based on who was more negligence, which is based on other factors. Would Driver X have seen Driver Y in time to not proceed with the turn had Driver Y had his lights on? For example, did X look northward down the road? If no, then the lack of lights was not an actual cause of the crash, because X failed to yield and wouldn't have avoided the crash even if the lights were on.

If yes, then it depends whether the jurisdiction follows a comparative fault or contributory negligence theory of apportioning fault.

Answer 3

It depends on the laws in your state and who is doing the evaluating. Civil courts and insurance companies are not bound to accept the determination of the police who might respond to take the collision report.

In general, Driver X is going to be at fault because he made an unsafe left turn. A contributing factor might be the visibility of Driver Y due to his lights being out, but unless the whole area is pitch black, it's not likely to absolve driver X of his responsibility to make a safe left turn. It is very likely that X will be listed as the party most at fault.

Also, 30 minutes after sunset is not going to be pitch black in most places, so this might no help X.

However, as I mentioned, the insurance companies and a civil court may find fault elsewhere.

- Carl

Answer 4

It depends on whether Driver X had his left-turn signal light on. Driver X should have made a complete stop before proceeding with his left turn. I find it hard to believe that so poorly lighted street can have bystanders after dark.

Answer 5

Driver Y was at fault, undoubtedly. Everyone who has had any driver training at all knows that you are suppose to turn your lights on at least a 10 minuites before the sun goes down. I am not sure, but I think I read somewhere that it has even been suggested you turn your lights on 30 minuites before the sun goes down.

Answer 6

The driver making the turn has the ultimate responsibility to ensure the lanes are clear to travel. The headlight issue is not a reason to adjust blame. Although it would have been easier to see, responsibility is not adjusted.

Answer 7

We find for driver X! and assess a 5,000.00 dollar claim. And charge driver Y with reckless endangerment! PAY THE MAN!!