Left turn accident fault

[boceltics17]

What is the name of your state? Illinois


I was travelling east bound on a 4 lane, undivided road. Road conditions were snow packed. I was slowing down to make a left turn into a private business on the north side of the road. On left westbound lane was snow plow waiting to left onto a southbound road. Seeing my left turn signal, the snow plow driver turned left in front of me. I slid and struck his rear wheel. The damage totalled my vehicle. Bare in mind, is hit my brakes to try to avoid him and had not became to negotiate my turn. The reason being, the private drive and the southbound road are not directly across from each other. The southbound road is slightly to the west of the private drive. Please see my crude diagram. With offset, basically, I had not reached the point to begin my turn. The plow driver was initially give a ticket, but apparently, the officer tore it up after speaking with me. The officer had revealed to me that the driver was a former LT in the same Police department the officers former boss.

The State self insures their vehicles. I do not carry collision insurance (stupid on my part in hindsight, but nothing I can do about it now) so I don't have an insurance Co. backing me. The State believes I am at fault. From everything I have read, turning left in front of someone is pretty clear cut their fault. But with the State fighting, what recourse do I have? Does anyone know any statute concerning turn signal usage? It is my understanding that until the car signalling actually begins their turn, other vehicles should treat them as though they were still going straight.

Any insight would be greatly appreciated!!

Thanks,

John


North ^
______________|private drive |_____________

P
| L |
|Me || O |
___ W _______________________
| south RD |

 

[seniorjudge]

If a wreck happens and you are NOT in your lane of traffic, then you are at fault.

Based solely on the information you supplied, you do not have a defense.

Period.

End of story.

Even if.

 

[Zigner]

You diagram doesn't really help

Based on your post, I feel that the driver of the plow was at fault. File a claim with the entity (you say it's the State). There are specific rules and time-lines that need to be followed. It might be worth it to at least have a consultation with a local attorney.

 

[Zigner]

If a wreck happens and you are NOT in your lane of traffic, then you are at fault.

Based solely on the information you supplied, you do not have a defense.

Period.

End of story.

Even if.

SJ -
I understood the OP to say he was still in his lane and was going to make a left turn PAST the point where the plow was. OP never left his own lane...
A driver turning left is required to yield to ALL oncoming traffic.

But, I could be totally missing something too...

 

[seniorjudge]

SJ -
I understood the OP to say he was still in his lane and was going to make a left turn PAST the point where the plow was. OP never left his own lane...
A driver turning left is required to yield to ALL oncoming traffic.

But, I could be totally missing something too...

You are correct if OP was totally in his lane of traffic.

I am correct if OP was not totally in his lane of traffic.

(I will admit that OP's facts are not clear and that I assumed he was NOT in his lane of traffic.)

 

[boceltics17]

I was still in my lane. When I hit the plow, I was still my lane.

Any idea about the specifics about turn signal usage? The only thing I can find is distance at which they should be used.

 

[seniorjudge]

I was still in my lane. When I hit the plow, I was still my lane.

Any idea about the specifics about turn signal usage? The only thing I can find is distance at which they should be used.

If you were totally in your lane, then you are not at fault.



It is my understanding that until the car signalling actually begins their turn, other vehicles should treat them as though they were still going straight.

I agree with you.

 

[VeronicaLodge]

i understand where OP was and was going, but I dont understand where the plow was and where he was going.

 

[ecmst12]

If the state is denying your claim, you will have to attempt to take them to court. I would not suggest attempting that without a lawyer. How much is your car worth?

 

[Zigner]

i understand where OP was and was going, but I dont understand where the plow was and where he was going.

Plow was coming from the opposite direction and turned left in front of OP. OP is concerned because his (OP's) signal was on

 

[efflandt]

The OP was attempting to make a left turn after the plow, but the oncoming plow driver misinterpretted the signal and turned left into the path of the OP who was still going straight at that point.

I guess the moral of the story is, it you are going to make a left turn past oncoming traffic turning left, hold off on your signal until they cannot pull in front of you. Similarly for signaling a right turn when someone is waiting to pull out from driveway or street on your right before your turn. I made the mistake of believing a right turn signal once, when a vehicle (railroad truck from IA) that had slowed significantly with right signal on, was going to turn past where I was.

 

[VeronicaLodge]

Plow was coming from the opposite direction and turned left in front of OP. OP is concerned because his (OP's) signal was on

ok got it, if they were both in the midst of turning and OP took the turn too fast for road conditions and thus slid into the back of plow while turning, I would say it was OPs fault, or both of their faults.

however, if as others have said, OP hadnt yet started turning, was still entirely in his lane, and just had his signal on, then it was plows sole fault.

 

[ecmst12]

There was nothing wrong with OP turning his signal on when he did; he was the appropriate distance from where he intended to turn, and even though lots of people do, you're NOT supposed to wait until you're already turning to put on your signal. However nowhere in the rules of the road does it say that a driver should react to another driver's SIGNAL before reacting to his ACTIONS. Even though his signal was on, if OP was not slowing down nor beginning to turn, the plow was 100% wrong for ASSuming he was going to turn on the same street.