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J

jrzdevil11

Guest
What is the name of your state? New Jersey

Just need some advice of what may come....

I was in an accident yesterday so let me describe it. I was traveling north on a main road that has two lanes on each side of it. A white BMW traveling south on this road decided to make a left hand turn into a local shopping center. I was in the right lane (northbound) and there was a black suv or caravan in the left lane (northbound) also making a left hand turn into a grocery store. Because this car was turning into the grocery store, the White BMW decided she could make her turn as well. I'm not sure if she ever saw me cuz she cut me right off. I slammed on the brakes and swerved as much as I could but I hit her back bumper with the right corner of my car.

After the police arrived and took our statements, he said at the time he couldn't place blame on the accident yet, but how could he blame the BMW because its clear that she was 3/4 across the road when I hit because of the placement of damage of my car. (damage was the right head light/bumper/hood). I only hit her at that point because of the swerve, otherwise I would have broadsided her. I was always under the impression that a driver making a left MUST have the ability to clearly make the turn or she would be liable for the accident. I do drive a Black Convertible Mustang (may I add this car was picked up on Thursday at 8pm and this happened Sat at 1:30pm so I havent had it for 48 hours yet and you know how careful you are with a brand new car) so I don't know if this weighed into his thoughts at all. Another point of info is that I am 26 and the other driver was maybe 19.

I got a call today from the officer saying he is placing blame on the BMW only because she was making the left but he couldnt understand why I didnt stop.

So my question really is, will this other driver fight this fault decision and was I at fault? She cut me off with very little time to respond so that is why I didn't stop in time. I almost missed her because I did just nick the corner of my car and didnt hit her going any faster than 5 miles an hour.. Really just skidded into her.
 


pimp

Member
i would side with you

In the California driving handbook it says that a left turn cannot be made until the driver has made sure it is safe to completely make the turn (no pedestrians in the crosswalk) and there are no potentially dangerous vehicles nearby. Its clear the lady driving the White BMW was in a rush. If people didnt speed so much to get to nowhere there would be alot less accidents.

The only argument the lady in the BMW could use would be that she was 3/4 of the way and you failed to yield which would be b.s. if your light is green and your on the main st.

Witnesses would help you out greatly. Fortunately the cop sided with you. The only reason the other party would appeal the fault decision is because they feel wholeheartedly it wasn't there fault or they dont want an increase in their insurance premium.
 

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