Was the accident my fault? I was making Left Turn.?
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I was in a left turn lane on a 4 lane highway(no light) I sat in the left turn lane and waited for about 4 cars to go by and The way was clear and safe for me to go on with my turn (I saw no oncoming traffic or headlights). During my turn I got distracted by lights shining in my car and I looked out my passenger window(by this time my passenger door was in the right lane of oncoming traffic) I saw headlights about 15-20ft away from me I took my foot of the gas(did not hit break) and then I punched my gas to get across the road and I went into the entrance of where I was going. (I had completed my turn) I thought cool I didn't get hit then all of a sudden I got hit in the entrance of where I was going. The other driver said I turned in front of him and he hit me in the highway,but that wasn't true after the wreck was over my car was up in the middle of the entrance of where I was going and his truck was on the side of the highway next to the entrance of where he hit me in. I told the police that he didn't have his headlights on and that I didn't see him coming,but they told me that it was my fault because I failed to yield on my turn. The damage to my car was the passenger front fender,front tire was bent outward,passenger front door was smashed,both tires were flat and pulled off the rim.scratches were half way across the back passenger door, my rear bumper was completely off the car all the way round and the under carriage was damaged as well. The other driver told his INS claims agent that he was only going 20 MPH and that I turned in front of him and he crashed into me,on the highway he told my INS claims agent that I did complete my turn and he did hit me in the entrance of where I was going and that his headlights were automatic. Right now my claims agent is saying he is probably 70% at fault and me 30%. i'm not sure how that works. But I know for a fact I did not see him coming and that I got hit after I completed my turn. what do you all think? I live in Missouri I for got to say that the damage on the other drivers vehicle was his passenger side light,fender,and front passenger side grill,,front passenger side tire.
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Answer:
I see "fault" questions here every day. Fault to determine liability to see who pays for repairs from an accident are only determined by the involved insurance companies. Cops do absolutely NOT determine this kind of fault. (they only determine fault for traffic offenses) The involved insurance companies will, however look at the police report, consider any witness statements and consider drivers statements. then together, they and they alone will determine "fault". It is useless to ask here whose fault this or any other accident is. You will only get conflicting opinions that don't count anyway. Simply allow your insurance company to defend and protect you.
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Other answers
your best bet is to see if any cameras caught the accident and if you can find witnesses
my answer is this. if he was only doing 20 mile an hr he should have stopped on a dime. he was doin something other than driving "lol". probably messing with his stereo
mary a
I agree with your insurance company. He should have had his headlights on so that you could see him. So that is why most of the fault is his, but you were also at fault with the fact that you did not yield to him, although you couldn't see him. Let the insurance company decide who is at fault. Also, you might want to see if you're able to get any witnesses.
mtwaites
I have no choice but to agree with Ben here. I was in an accident a few years ago and had come to a full stop at the sign, but saw no traffic and went ahead to cross the road. I had just taken off from the stop sign when all of a sudden, there was this car in front of me loaded full of people, including a baby in the front seat with no carseat. I am usually very timid when I take off, so I know that I wasn't going that fast, but the friction of their car sent my bumper and one headlight of my car flying and left a good dent down almost the entire driver's side of their car. If it had not been for a witness to the fact that I had stopped, the people in the other car might have gotten away with saying that I had not. The police told me that by their "calculations" I must have been going about 35 mph (even though they knew from the witness that I had stopped and the road is much too narrow to build that kind of speed on in such a short distance). Now that I am not in shock and I can think clearly, the fact is that car was going so fast that they had turned off of another road only 2 blocks up and were in front of me before I even saw them. Regardless of the situation, I had the stop sign. The people in the other car got no ticket at all for not having their little one strapped in and then preceeded to claim a neck injury on my insurance. I got a failure to yeild ticket for the sheer reason that there needed to be someone to blame for the whole thing and that was the easiest way out for everyone else involved. Though I hope that your situation turns out better than mine, just be prepared and don't worry if it doesn't. This, too, shall pass. =)
Tiwtterbug
You were turning left across his lane - why you were distracted is irrelevant - you caused the accident...sorry, you're at fault.
Flusterated
Turning left, you have to yield the right of way. You turned left when it wasn't safe to do so.
Scott H
the bottom line is that you were turning left. If he was going straight or turning right he had the right of way. You were required to yield to him in both situations. The fact that he hit the side of your car just proves the point that you pulled out in front of him. had he hit the rear of your car and not the side then he may be at fault. Sorry but the right of way is always straight, right turn, left turn, in that order.
Ben W
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