Who's at fault?

[ashades]

What is the name of your state?Texas. I was involved in a collision on an improved shoulder and am not sure who's responsible for damages. I wanted to turn left from a N-bound lane, but the S-bound traffic was backed-up and sitting still (about 15 cars waiting). An SUV in the S-bound lane didn't move forward as the line of cars progressed in order to make a gap for me to turn through. As I turned, a collision occured in the shoulder between me and a lady who was driving down the improved shoulder. TX law states: An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely (Sec. 545.058). Some would claim I failed to yield others would claim the shoulder was not safe to drive on. Neither of us had good visibility of where we were driving because of the conjestions and large vehicles around. Who's at fault here?

 

[BelizeBreeze]

The cookie monster

 

[racer72]

27. When making a left turn, it is the responsibility of the driver to ensure that they can clear the roadway safely before attempting the turn.

The above is from a booklet put out by the Dept of Transportation about 10 years ago. It is titled 100 Ways to Become a Better Driver. And the roadway is generally considered the traffic lanes and shoulder. You should have followed another tip.

30. If you are unable to complete a left turn due to slow or heavy traffic, continue to a safe place to turn around and approach your desired location from the other direction.

 

[JETX]

Who's at fault here?

Though I agree with Racer, the fact is, no one can RESPONSIBLY answer your question. Simply we were not there.... to see who did what. For example, a strong case can be made that YOU were at fault for even trying to cross the traffic when it was not safe. Nor would the driver on the shoulder have an obligation to assume you were trying to cross in front of him/her while they were going straight. The final determination would require the reason WHY the person was driving on the shoulder and whether such conduct was a hazard or not.

The only real answer to your question will be determined by the insurance company's themselves..... and/or a court if that is involved.
Our 'opinion' as to who might have been at fault is not relevant. However, if you want an OPINION, I agree that, based on your post, you are at fault.