Intersection Accident

Chance777 · #1 06-02-2009, 04:26 AM

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

I had pulled off of the interstate and taken a right turn to get on to the main road. I drove down that road and intended to take a left. When I had passed in to the left turning lane, I slowed and verified I had the green arrow to take my turn. I flip on my signal, and as I begin to turn, I notice that the blue truck heading in the opposite direction hadn't slowed down. I slam on my brakes just as he flies infront of me and hit his truck.

He keeps driving for about a quarter of a mile, and I get turned around and follow him. He pulls over, I pull up behind him, I ask him if he's okay and he starts yelling at me. Once he was done I asked him to exchange insurance information and he said he wasn't leaving here without something and wanted me to call the police and tell them I had hit his truck. I call the police but don't say that - I simply state I was in an accident.

The cop pulls up, asks us what happened, and the guy is still being a jerk. I keep a cool head, tell him what I think happened, and he takes the guy around to talk to him quietly. Comes back, goes to his car, etc. Tells us we need to fill out statements but he doesn't have enough pens. We sit there for about an hour waiting.

Finally he takes the guy back to his car, he fills out his statement, and leaves. Then it's my turn. I go back there and begin to fill out mine. Once I'm done, he tells me that it doesn't look good for me, that if I had the right of way I wouldn't have hit him behind the front tire. That he's going to put that in his report

My first reaction is, what? How does where I hit him tell him who was in the wrong? He tells me that if I saw him coming so fast, I should have yielded. I still don't understand how it is my fault when I had the right of way. He doesn't answer, doesn't give either of us a ticket, and he leaves.

So I ask you - What happens now? I really have no idea where to go from here. I'm told that I'll get to speak with my insurance company to better tell my part. Will they call me or do I need to contact them? Does it look bad for me?

Please help.
Thanks.

ecmst12 · #2 06-02-2009, 06:14 AM

Unless you have a witness to corroborate your left turn arrow, you are sunk. And the officer is right - if you saw that he was not going to stop, you should have yielded. He was already in the intersection when you started your turn (otherwise he would have hit the side of your car, not vice versa). You should report the claim to your insurance company as soon as possible.

Chance777 · #3 06-02-2009, 07:49 AM

I have a witness.

My little step-brother was in the vehicle with me when the accident occurred, and he also placed in his statement that I had the right of way with the arrow.

I find your logic odd - For whatever reason, I should be yielding when I have the right of way? What is the point of the green arrow light then? Why am I at fault if he broke the law?

May I get an unbiased answer to my question, please?

Zigner · #4 06-02-2009, 09:02 AM

Quote:

Originally Posted by Chance777

I have a witness.

My little step-brother was in the vehicle with me when the accident occurred, and he also placed in his statement that I had the right of way with the arrow.

I find your logic odd - For whatever reason, I should be yielding when I have the right of way? What is the point of the green arrow light then? Why am I at fault if he broke the law?

May I get an unbiased answer to my question, please?

You've received unbiased answers.

When you make a left turn, you are supposed to yield to traffic that is already in the intersection.

ecmst12 · #5 06-02-2009, 09:07 AM

Someone with a prior relationship with you or the other driver is not an independent witness. It would have to be someone who did not know either of you and just happened to be in the area.

Just because you have a green light does not mean you can enter the intersection when it is clearly unsafe to do so. And it will be hard for you to prove your light was green because it's almost certain the other driver will also claim his light was green. Unless he admits he entered the intersection on a yellow or red light, the fact that you were turning and he was going straight, coupled with the fact that you hit the side of his car, makes it look ver bad for you.

And an answer that is not what you want to hear does not make it biased. I don't know you or the other guy. I'm just calling it as I see it based on what I know of traffic law and how claims are typically resolved. Given the facts presented, your insurance company will have a hard time defending you in this situation, though they may try.

Chance777 · #6 06-02-2009, 05:54 PM

Quote:

Originally Posted by ecmst12

Someone with a prior relationship with you or the other driver is not an independent witness. It would have to be someone who did not know either of you and just happened to be in the area.

Just because you have a green light does not mean you can enter the intersection when it is clearly unsafe to do so. And it will be hard for you to prove your light was green because it's almost certain the other driver will also claim his light was green. Unless he admits he entered the intersection on a yellow or red light, the fact that you were turning and he was going straight, coupled with the fact that you hit the side of his car, makes it look ver bad for you.

And an answer that is not what you want to hear does not make it biased. I don't know you or the other guy. I'm just calling it as I see it based on what I know of traffic law and how claims are typically resolved. Given the facts presented, your insurance company will have a hard time defending you in this situation, though they may try.

Nobody has yet informed me as to why I must yield on a green arrow. It was not a green light, it was a green arrow.

Also, ecmst, with a forum signature like that, I would not be surprised if any opinion you give is biased. This isn't about the money, this is about having my vehicle returned to it's original state so I can get on with my life.

You might be greedy, but that doesn't make the rest of the world the same way.

ecmst12 · #7 06-02-2009, 06:31 PM

It's not that you must yield on a green arrow. It's that you can't enter an intersection when another car is already there, whether they belong there or not. The fact that you hit the other car on the side means he was there first. If you can PROVE you had a green arrow and the other driver ran a red light, you have a much better chance of being found less then 50% at fault, but I don't think you'll be found 0% at fault in any case. When another vehicle has control of an intersection, you must yield to them even if your light has turned green. Traffic law is dry as anything to read, but if your state's is online, you are welcome to read through it and I'm sure you'll find it there. I DID explain it to you, you are just choosing not to listen.

And what, pray tell, do you think it will take to get your car fixed? It sure ain't peace love and understanding. Property damage claims are PURELY about money! And there is nothing wrong with that either, it doesn't make you greedy or anything else. Your stuff was damaged and you want it fixed, that's understandable. If you had full coverage, you could let your insurance pay for the repair and let them worry about getting the money back from the other person, but I'm guessing that's not an option for you. So if you are going after the other guy's insurance company on your own, you need to know what obstacles you're going to come up against. The problems with your case are that 1. You probably can't prove that you had a green arrow, 2. You were turning left and he was going straight (which on a solid green light, he would have the right of way) and 3. You hit the side of his car, indicating he entered the intersection before you. Together, those things don't make it look very good for you. Would you rather be told what you want to hear instead of the truth? Would you rather be unprepared when his insurance denies your claim?

Chance777 · #8 06-03-2009, 03:10 AM

Okay, you're right, I apologize. I'm just very frustrated and in minor disbelief that he is going to get away with this. I don't even understand how me hitting him implies that he was in the intersection first. Next time, should I not slam on my brakes and just let him plow in to me? That was the only thing that prevented my little brother and probably me from getting injured.