Who is at fault in this car accident?

Question:
Its a 2 lane road, with 1 lane going in each direction. I'm going North on the road and my car is in the middle of this lane. The lane is much wider than normal, however there are no signs or white lines so this is only 1 lane in each direction. I slow my car down to make a left, as I start to turn to the left the car behind me passes me on my left and I cant stop in time and my front left hit his back right. I'm not sure whether my turn signal was on or not. But isn't he at fault for passing on a 1 lane road? He said he thought I was turning into the parking lot on the right of the road, but there is no way my right blinker was on. My left 1 may not have been on, but I know my right one was definitely not on. Me and him were never side by side on the road. As I started to turn is when he passed me so the 2 events kind of happened at the same time. Speed limit was probably 35-40 MPH. I was going around 20-25 and he was probably going around the speed limit.

Answer:
I doubt he was going the speed limit to get around you. If you are slowing down, it is probable that you are turning. However, if your turn signal is not on, he should not assume that you are turning right. This would therefore suggest that the accident is his fault. (my opinion follows) the accident was in the left lane. Since you were turning and he was technically in the wrong lane, I'd blame him. (my opinion ends) I don't know if my opinion is right but I still believe that he is at fault.
If insurance can confirm the north direction is in fact only one lane.. he is 100% at fault.. dont worry about it. He cant just pass someone while they are turning.
He had to have crossed the center line to get around you,.....I would have a hard time believing that you were at fault. I had this happen to me yaers ago.I was making a left from a 2 lane road,and some joker came up the left passing the 5-6 cars behind me and hit me broadside as I made my left. He was found to be at fault.
it was totally his fault. i doesnt matter if your turn signal was on or not... your brake lights were! he should have stopped and waited for you to turn!
Well, I think you have some fault on this accident (no offense). When determining fault in accidents, adjusters (attorney, and judges also) will look at Duty, Breach, Causation and Damages. Every driver has duties. You have a duty to lookout, to avoid an accident, and to follow the rules of the road. If you are making a left on the middle of a street, depending on the state, you could be required to have your left blinker on. If you are not sure if you had it on or no, it could be hard to argue that you did have it on.

Most states require you to look before making a left for the same situation that happened in your case. He would not be permitted on to pass if there is one solid line on the road, but without lines it is hard to tell. The other question is, how long was he behind you for? If he just came out of nowhere, he might have been going over the speed limit, but proving speed violations can be difficult.

Again, the question is how much at fault you are? I would have to have more facts. How long where you stop before making the left. If you were sitting for a little bid, then it could be reasonable to pass a vehicle on the left. Or maybe he was too much in a hurry.
He was behind you and could have avoided the accident but did not, therefore he was negligent and at fault.
It depends on what state in the US you are in. Many states , like Ny and florida for example have was is called comparative negligence. Simply put if you were in your car with the motor running your part at fault. In your case there are so many issues that are not answered. First you hit him he did not hit you. Which means he started to pass you before you started to turn left. You should have seen him start to pass you in your rearview mirror. You said yourself you hit him in the back right. That indicates he was well on his way to begin passing and you should not have made the left. Second is the road markings in the center of the road. If there is a double yellow he should have waited for you to clear the lane because passing is prohibited as well, in many states, not legal to cross to make a left either. If there is a soild yellow, again depending on the state, he should not have passed. Some states permit it. You do not recall if your directional was on or off. He might swar it was not and some people, I am not saying you are one, move slightly to the right before turning left. If he hit you in the drivers side then he would be more at fault then you. In this case since you hit him so far back on his car your more at fault. You were also going well below the posted limit on the road which in many states is a violation and considered a road hazard and that too could have caused him to pass you. Were you unsure where you were going? It is really going to depend on your own state laws, the police report from the scene and the insurance companies accident investigators. You will have no say in what is determined. Next time pay attention to the speed limit as well as the actions of the cars around you , before attempting any turn. At least your here to talk about it. Cars fix alot easier and cheeper then people do.
Under most state law, you can't turn left until the road is clear and it is safe to do so. if someone is passing you, the road is neither clear nor safe to turn left. Your fault. Yes, it's true most people would stop behind you and let you complete your turn, but they are NOT required to do so.
Let me start by looking at what is odd about your description of your accident. The other driver increased his speed to 35 to 40 mph within 150 feet. Pretty fast car.
You don't remember if your signal was on.
You hit the other car in the right rear corner which means that the other car was more then half to three quarters of the way around you before you hit him. He was almost pass you and you never checked your left side before turning? Which means he had already cleared your left window and for whatever reason you failed to see him. Was you on the phone or talking to a passenger in your car.
I think you both are at fault. Him for passing on a city street and you for failing to observe traffic around you.
Taking it your in america??
If was in britain he at fault as don't pass on left!!
No solid yellow lines, no turn signal. It's on you, dude.
Rules of the road state that you must be as far over as possible when making a turn, so how far over to the middle of the roadway were you? if your vehicle was heavily in the right portion of your lane, and your making a left turn, well then there is liability on your part as well. If you were as far left as possible towards the middle of the lane, and the other vehicle had to cross over into oncoming traffic to pass you, then there's another issue. if you didn't have your blinker on, again, potential liability on your part. If you had your right turn blinker on, then there's definite liability on your part.
More Auto Questions and Answers...
  • Car Insurance in Connecticut?
  • Someone crashed into my car, and didnt leave any insurance info, what should I do.?
  • Need to get my P's.Plz help?
  • Car insurance?
  • If you are not insured and get into an accident will you have to go under insurance?
  • How much should i expect to get from my settlement?
  • What is a good car insurance for a first time driver?
  • If my license is suspended in PA, will I be able to get one in NC now that I live here?
  • How to buy insurance information?
  • This article contents is post by this website user, AutoQnA.com doesn't promise its accuracy.


    Copyright 2006-2009 AutoQnA.com All Rights Reserved.