Whos fault would have this crash been, if it happen? Read below?

Question

I was driving on a two lane road yesterday and the speed limit is 45mph. There was a car in front of me going slow, so I decided to pass him. When I was passing him/her a car coming from a side street was making a right turn ( which meant it was going to come at me head on) I saw the turning car not really stop at the stop sign so I layed on my horn, he went off into the grass and I finished my pass. Now my question is, if he hit me, whos fault would that have been.? MIne even thou I was doing a legal pass or his who did not look both ways even thou he really only need to look one way
1 second ago - 3 days left to answer.

Unless there was no witness to him not stopping, how can the police tell?

The line was dotted and its dotted all the way up this road and there are side streets up the road

Answer 1

It would be your fault. In most states you cannot pass (regardless of signage or road striping) unless it is safe to do so. That includes passing in or within a certain distance of an intersection.

Answer 2

Without more info I am thinking it might of been your fault. You can only pass when it's safe to do so.

Also it sounds like you might of caused a collision. If the car that went off into the grass was damaged then you might be looking at hit and run since you were involved and left the scene.
You can't just lay on your horn and expect people to get out of your way. Remember you are the one driving in their lane! You can only do that when it is safe. If he blew the stop sign you both might be at fault.

It also appears that you saw in enough time to get back into your lane to prevent any of this happening. Just because you have started a pass doesn't mean you lay on your horn and everyone gets out of your way until you complete your pass.

If were still making the pass in the intersection. (The area where the car turned right) then YOU are at fault. It's not legal to pass in an intersection.

It's hard to say without more info, but I would say you might of had some fault in the possible collision. And that you may of had some fault with the collision that very likely did occur. Even if you weren't at fault, you are guilty of hit and run for leaving the scene of a collision you were involved in.

Answer 3

Sometimes it is easier to ask who was not at fault. If someone did not do anything to contribute, it is hard to shift the blame on them.

You didn't mention where you were from, but in WI, it is illegal to pass at a marked intersection. If there was any signs indicating an intersection was approaching, the pass should not have been made. Most states also have laws which reference "unsafe passing", this would be difficult to answer without actually looking at the area, but basically makes the driver who is making the pass responsible.

The problem here is most drivers become complacent. When you turn right, most drivers only look one way, and that works 99% of the time. This driver, regardless of the situation, should have looked both ways. Not to mention not stopping, if that was the case.

Because of differences in stories, police try to determine an accident by looking at physical evidence. Not stopping may be difficult to prove. In absense of physical evidence, the next question is who could have prevented the accident. In this case, one could argue you, by not making the pass. Others may argue the other driver, for not looking both ways. I think most would agree you were in the best position to avoid this.

The good news is you avoided this one! Hopefully the other guy realizes the importance of looking both ways, no matter what way he turns, and you look well ahead before making a pass.

Answer 4

I think you both were. He should have stopped but you couldn't really prove he didn't and you should always be ready for the unexpected. The fact you saw him and blared your horn and kept going showed negligence on your part. You could just as easily have hit the brakes and tried to get behind the other car again.

You should always be careful about passing when you see or know there are intersections coming up. This is how many people get killed. Try to be a courteous driver so you can live to share your life with your grandchildren :)

And why is everyone in such a hurry to die? So someone goes slow at times ~ does it really hurt to follow them until you are sure you have SAFE passage around them?

Answer 5

Most two lane roads have a no passing area for side streets and you probaly passed over a solid line on the roadway which would make you at fault.

Answer 6

Yours...
The idea of legally passing is if it safe to do so. Even if it is legal yellow dotted lines, and someone is coming head on, I cannot pass. It wasn't safe! Sure he should have looked, but he could have denied making his turn. You got lucky you didn't get hit! Thankfully, nothing bad happened. He could argue and I may agree as a jury member that you didn't look both ways. You should have waited!

Answer 7

You were out of your lane.
You were passing at an intersection.
You were at fault.
You should receive a ticket for unsafe lane change & passing at intersection.
IF the other driver hit you, you could be charged with manslaughter if they die.
I hope you have a good insurance policy to cover you & the other driver, because you are going to need it if you keep up your poor driving skills.
Please go to your states DMV & get a current copy of the drivers handbook or access it on the internet...you need to learn how to drive safely...if this really happened.

Answer 8

I would say it was your fault. You were in his lane. Granted he should look both ways before turning onto the street, but you shouldnt have been in his lane anyway. Dont be in such a hurry next time. Or when you decide to pass someone, take a look at any side streets coming up to make sure no one is approaching.

Answer 9

IT WOULD HAVE BEEN YOUR FAULT:
RATIONAL:
TO PASS YOU MUST HAVE A CLEAR AND UNOBSTRUCTED LANE TO PASS OUT INTO AND BACK INTO THE LANE YOU LEFT FROM MUST BE CLEAR AND UNOBSTRUCTED.

FURTHERMORE: YOU HAD A STOP SIGN A HEAD YOU SAY? WHY WERE YOU PASSING WITH A STOP SIGN AHEAD?

YOU BECOME THE ON COMING VEHICLE (WHICH MUST YIELD TO A STOPPED VEHICLE) ALTHOUGH YOU WERE PASSING A SLOWER MOVING VEHICLE. THE VEHICLE MAKING THE TURN HAS THE RIGHT OF WAY BECAUSE S/HE COULD NOT HAVE FOR SEEN THAT THEIR TURNING AS THEY WERE STOPPED WOULD HAVE CAUSE AND ACCIDENT (SAME PRINCIPLE IN BASKETBALL IF YOU STOP AT A SAID POINT AND THE MAN WITH THE BALL RUNS YOU DOWN YOU ARE THE GUILTY PARTY-POSITIONING IS THE NAME HERE.)
????IF THEY WERE STOPPED AND YOU WE OUT OF LANE THEN YOU WERE THE PERPETRATOR OF THE ACCIDENT?
ANYWAY YOU LOOK AT IT YOU LOSE,
CHARGE YOU WITH:
FAILURE TO USE DUE CARE AND CAUTION, NEGLIGENCE, FAILURE TO YIELD RIGHT OF WAY, FAILURE TO BE ABLE TO CONTROL VEHICLE AND STOP TO PREVENT AND ACCIDENT, CAUSING AN ACCIDENT+++.

Answer 10

Since you had a dotted center line making it legal for you to pass, it would have been the other driver's fault for failing to stop and check in **both** directions at the stop sign.