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  1. #1
    turned19today is offline Junior Member
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    Improper Passing (I feel I am not at wrong)

    What is the name of your state (only U.S. law)? New Jersey

    My question involves a traffic ticket from the state of: New Jersey

    As you can tell by my user name I turned 19 today 9/1/91. I received the unfortunate present of a car crash for my birthday.

    Here is the story.

    I am driving on cherry valley rd off of route 206 (1 minute away from my house). In front of me is a white van for a company I am at least 2 1/2 car lengths behind him, and he decides to start pulling over to the side of the road, and I am thinking that he is a service man for the road up ahead because the road 601 is getting construction done and is closed, I start merging in the middle of the lanes to get around him, then he starts turning left while I am trying going past, I slam on the clutch and brake, and I am honking my horn the whole time, he does not see me and continued making his "u turn" I smash into him on his front, with him hitting my right side, his car fine and mine with large dents (2011 hyundai sonata) He told me he did not know the road ahead was closed but when the officer came he told him that he was turning into the development, which is a bold face lie. I am was completely truthful in everything I said here and there. Please give me advice on what to do, and if I am truly at fault, because I REALLY feel I was right if I kept going straight when he was pulled over I would of hit him, please please help me guys.
  2. #2
    ecmst12 is offline Senior Member
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    If you had kept going straight in the same lane and slowed down, would you have seen him start turning in time to not hit him?
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by turned19today View Post
    What is the name of your state (only U.S. law)? New Jersey

    My question involves a traffic ticket from the state of: New Jersey

    As you can tell by my user name I turned 19 today 9/1/91. I received the unfortunate present of a car crash for my birthday.

    Here is the story.

    I am driving on cherry valley rd off of route 206 (1 minute away from my house). In front of me is a white van for a company I am at least 2 1/2 car lengths behind him, and he decides to start pulling over to the side of the road, and I am thinking that he is a service man for the road up ahead because the road 601 is getting construction done and is closed, I start merging in the middle of the lanes to get around him, then he starts turning left while I am trying going past, I slam on the clutch and brake, and I am honking my horn the whole time, he does not see me and continued making his "u turn" I smash into him on his front, with him hitting my right side, his car fine and mine with large dents (2011 hyundai sonata) He told me he did not know the road ahead was closed but when the officer came he told him that he was turning into the development, which is a bold face lie. I am was completely truthful in everything I said here and there. Please give me advice on what to do, and if I am truly at fault, because I REALLY feel I was right if I kept going straight when he was pulled over I would of hit him, please please help me guys.
    **A: how fast were you going?
  4. #4
    turned19today is offline Junior Member
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    He went into the shoulder and appeared to stop, so if I kept going straight I would of nailed into him on the side by the way he was turning.

    I was going 40 speed limit is 45, 2 1/2 car lengths behind.
  5. #5
    HomeGuru is offline Senior Member
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    Quote Originally Posted by turned19today View Post
    He went into the shoulder and appeared to stop, so if I kept going straight I would of nailed into him on the side by the way he was turning.

    I was going 40 speed limit is 45, 2 1/2 car lengths behind.
    **A: you are guilty. Tell us why?
  6. #6
    turned19today is offline Junior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: you are guilty. Tell us why?
    The officer said I did improper passing.
  7. #7
    ecmst12 is offline Senior Member
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    It sounds like the other car made an improper left turn from the right lane/shoulder, but it is going to be hard for you to prove without witnesses. What was the exact point of impact on each car?
  8. #8
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: you are guilty. Tell us why?
    Why should I have to? I'm not the one who had the accident. You tell us why.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  9. #9
    HighwayMan is offline Senior Member
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    Quote Originally Posted by turned19today View Post
    He told me he did not know the road ahead was closed but when the officer came he told him that he was turning into the development, which is a bold face lie.
    To get into the development which way would he have to turn, left or right?
  10. #10
    turned19today is offline Junior Member
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    Quote Originally Posted by ecmst12 View Post
    It sounds like the other car made an improper left turn from the right lane/shoulder, but it is going to be hard for you to prove without witnesses. What was the exact point of impact on each car?
    He actually hit me I started turning left when I saw him turn left, his front hit my side.


    Quote Originally Posted by HighwayMan View Post
    To get into the development which way would he have to turn, left or right?
    It was a left to get into the development, but he said he did not notice the road was closed (when the cop was not there) so that meant he was turning around not going in.
  11. #11
    FlyingRon is offline Senior Member
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    If I understand the location problem, there is only one travel lane in each direction (with a double yellow between them) on Cherry Valley Road in that area. So you tried to pass a vehicle that was still in a travel lane and struck him.

    Sounds like improper passing at the least. You can't pass cars UNDER ANY CIRCUMSTANCE in that. Doesn't matter if you think he is going to turn. It doesn't matter if he comes to a dead stop. You have to slow down (or stop even) to avoid striking him.
  12. #12
    turned19today is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    If I understand the location problem, there is only one travel lane in each direction (with a double yellow between them) on Cherry Valley Road in that area. So you tried to pass a vehicle that was still in a travel lane and struck him.

    Sounds like improper passing at the least. You can't pass cars UNDER ANY CIRCUMSTANCE in that. Doesn't matter if you think he is going to turn. It doesn't matter if he comes to a dead stop. You have to slow down (or stop even) to avoid striking him.
    He is the one who hit me.
  13. #13
    FlyingRon is offline Senior Member
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    That doesn't change the fact that you were improperly and illegaly passing.
    You moved into a position that you should not have legally been and he was.

    You are 100% guilty and 100% at fault for the accident.
  14. #14
    cbg
    cbg is offline Senior Member
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    But if you had slowed down and stopped behind him, like you were supposed to, he couldn't have done that.
  15. #15
    turned19today is offline Junior Member
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    Quote Originally Posted by FlyingRon View Post
    That doesn't change the fact that you were improperly and illegaly passing.
    You moved into a position that you should not have legally been and he was.

    You are 100% guilty and 100% at fault for the accident.
    He did not signal and was negligent.

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