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Charged Reckless but I was the one hit...

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W

WaveK9

Guest
VIRGINIA

I was driving to work early that day since my Boss was out on vacation because I wanted to make sure the shop was open on time. I wasn't in much of a hurry since I was early and I only live about 5 miles from work. The road was a bit congested and there is this lane you can turn into and it will allow you to make a turn into an abandon gas station, uhaul, truck repair, cigarette store, and then just a small shopping center. The lane is rather long and the first break starts at the uhaul and then a solid appears and then a big gap then a solid line then a break and solid line. Well I took this lane because traffic was heavy and I have done this many times before, for 2 1/2 years. I drove carefully on it so I don't get hit because you never know when someone might want to turn into that lane. Well I am in that lane for about 5 seconds and then all of a sudden a notice this van coming towards me. I start honking my horn but the van doesn't stop and hits me right at the drivers side door and shatters my window and cracks my door. My hand is cut from the glass and glass is all over my lap and floor. I immediately pull over to the side and he pulls infront and parks infront of me. He complains at me and I in shock just get up and I said I will be right back I am calling 911. I am bleeding so I thought that was best. A minute or 2 a cop comes over and looks at the scene and I am still in shock but asks me if I can move the vehicle and I said I can. So I moved the vehicle out of the way with all that glass and then later we park and talk. Ambulance comes in and takes care of my hand and then the officer and I talk again and he says to me technically that lane is a shoulder but he knows people use it as a turning lane so technically it is both of our faults. I said the driver hit me and I was honking my horn. My car is rather long in the front so half of my car was already through when I got hit. The officer said he would take a look at it. Well anyways to make this a bit shorter, his insurance company took it as his fault and my insurance company said they would deny his claim so my car is getting fixed by his insurance company. But 5 days later the officer comes back and says I was driving recklessly and charges me a ticket. I was completely shocked from that. From what I experienced, the driver was coming from the far left lane and crossed the right lane into the turning lane right away without a signal. Because the driver hit me with the right corner of his vehicle. Later the officer told me that the driver was going southbound and was passing through 2 lanes of traffic and someone waived him in and said it was ok and that is why he hit me.

Now my question is, is this my fault? Because I believe he was goign to fast and not watching and if it was shoulder it isn't that clearly marked and the officer agrees that many people use it to turn into and you have to turn into it if you want to be able to get into the cigarette store or gas station. I told the officer I was going about 15 to 20 mph and getting ready to turn because my work is just a few yards away.

Well if anyone can give me some insight and let me know who is to blame that would be great. If someone requires pictures or drawings, I can do that.

Thanks
Dan
 



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