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john65pennington's avatar

Who was "at-fault" in this traffic accident?

Asked by john65pennington (29273points) July 20th, 2010

Vehicle #1 is going straight ahead on a public street. Veh. #1 turns on her left turn signal to enter the middle turning lane, in order to make a left turn ahead. Veh. #2, also going straight ahead, has just left private property and enters the middle turning lane, hitting Veh. #1 in the left side of her vehicle. both drivers claimed they had the right-a-way in the middle turning lane. in your opinion, who was at-fault?

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26 Answers

MissA's avatar

If I’m getting the correct mental picture…I’d say Vehicle #2.

MissA's avatar

I don’t see what Vehicle #2 is doing in the middle turning lane.

MissA's avatar

Also, I can’t picture how Vehicle #2 hit the LEFT side of Vehicle #1’s automobile.

lucillelucillelucille's avatar

#1 for failure to yield.#2 was already in the left lane right?

john65pennington's avatar

Veh. #1 is entering the turning lane to make a left turn at the intersection ahead.

Veh. #2 has just left private property, enters the turning lane, to also make a left turn at the intersection ahead.

IchtheosaurusRex's avatar

#2 is entering the street from private property. This implies that the driver crosses a lane of traffic before entering the center lane. Around here, the law states that you must enter the roadway into the nearest lane of travel before safely changing lanes. How far did vehicle #2 travel in the curb lane prior to changing lanes? This was evidently done without safety, since there was an accident.

john65pennington's avatar

Rex, you are close.

MissA's avatar

It also makes a difference which side of the road Vehicle #2 was entering the road from. I see how the left side could be hit.

Adirondackwannabe's avatar

Vehicle 1 was to the right side of vehicle 2? Right side has right of way.

jfos's avatar

Wait… so did Vehicle #2 make a left turn out of the private property, onto the street concerned?

_________

- – – – – –
_________
,,,,,,,,,,,,,,,,|...|...||...|...|
Private,,,,,,|...|...||...|...|
Prop,,,,,,#2…|...||#1|...|
,,,,,,,,,,,,,,,,|...|...||...|...|

Is this how you mean it? With #2 making a left out of the Private Property onto the road where #1 has just gotten in the left lane about to turn left up ahead?

(Sorry for the terrible depiction, it was the best I could do.)

IchtheosaurusRex's avatar

For #2 to strike #1 on the left side, assuming the left side is the driver’s side, it must be traveling in the opposite direction, or on the wrong side of the street. If they are approaching the same intersection, #2 is on the wrong side of the street.

john65pennington's avatar

Both vehicles are heading in the same direction. Veh. #2’s right side sideswipes Veh. #1“s left side. sorry, i should have used sideswiped in my question.

jfos's avatar

Hm. I would think then that it is Vehicle #1’s fault, because Vehicle #2 was already in the lane.

Your_Majesty's avatar

Both of them. If one of them want to give a chance for others to walk away there should be no problem at all.

IchtheosaurusRex's avatar

#2 must have been in the wrong lane of traffic then. Driver made a left-hand turn from a driveway intending to enter the center lane. The only way to sideswipe a car in the center lane is driving on the wrong side of the street.

john65pennington's avatar

Rex, really close.

jfos's avatar

Ok. Both of their faults? Vehicle #2 should have waited until a better time to enter the lane from off of the road? The cars on the road already have the right of way. Vehicle #1, however, changed lanes carelessly, and should therefore also be penalized?

jfos's avatar

Also, you’re supposed to engage turn signal outside of X feet from the turn. Did Vehicle #1 switch lanes early enough, and therefore indicate his/her turn early enough?

Cruiser's avatar

Vehicle #1 was at fault for entering the middle lane and moving forward into a partial left turn and should have stayed pointed forward until traffic was clear to execute the turn and #2 just did a bone head maneuver by hitting car#1. Both are at fault and should be ticketed.

Jabe73's avatar

Vehicle #2 is at fault, whenever someone leaves private property, has a stop sign or yield sign they have to make absolutely certain that it is clear to turn on to the road to begin with. The vehicle on the highway already had the right of way, had their turn signals on so vehicle #2 is at fault here.

john65pennington's avatar

Here is the final outcome: Veh. #2 was entirely at fault for three traffic violations. no.1, when leaving private property onto the main street, you are to yield the right-a-way to all vehicles. no.2, Veh. #2 had to cross two lanes of oncoming traffic in order to enter the middle turning lane. this is a traffic lane restriction violation, since he did not yield to Veh. #1. no. 3, Veh. #1 had already occupied the turning lane more than 50% and in front of Veh. #2. this gave Veh. #1 again the right-a-way. driver of Veh. #2 received three traffic citations.

IchtheosaurusRex's avatar

@john65pennington , I should have thought of the most obvious one – a private drive is a full stop. Vehicles entering the roadway have to yield to all vehicles in the roadway. In any case, your driver #2 would be right at home here in Chicago.

Hypocrisy_Central's avatar

Gadzooks this is so easy. Driver #2 was at fault. Not only did driver #2 hit driver #1 (which shows driver #1 was in the lane and in position 1st) driver one was already in the road way where #2 was entering; right of way goes to the driver already in the lane or on the road. Had driver #1 been turning from a one street onto another road at the same time driver #2 was leaving a driveway unto said road blame might be a little more murky.

hnsmith's avatar

they should pay 50/50%...

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