Who's at fault?

[darnit]

What is the name of your state? Ind

Yesterday I was involved in a traffic accident and would like to know who is at fault. In a way I feel at fault and then again I feel the other driver is at fault.

I was stopped at an intersection which I had a stop sign at. The intersection I was stopped at crosses East and West over a highway, the highway runs North and South. I was traveling West and proceeded on after there was only a car going north in the right hand turning lane who did have a signal on to turn. The right hand turning lane ends where I was stopped so there is no reason for the guy to be in the lane except to turn on the street I was stopped at. Well lets say he never made the turn and t-boned my car. Police were called but I don't have the report and was told after the investigation will I know who is at fault. I feel like it could be my fault for not making sure the car was stopping but then again does he have any fault for being in a turning lane and not making the turn even with his signal on?

I have provided a map (sorry in advance for being sloppy) which I'm the X and he is the Y.

http://i194.photobucket.com/albums/z161/darnit12/Map.jpg

 

[justalayman]

Was he obviously slowing?

what is the other guys story?

BTW; what the traffic report states is not binding as to fault. While the police attempt to make a correct call, what they find is not the final decision.

 

[ecmst12]

You had a stop sign. The other driver had a turn signal on and you thought he was going to turn and not be in your lane of travel, but he decided to go straight and hit you. Yes, I'd say you were at fault since you had a stop sign and he did not, so you had the duty to yield to him.

 

[justalayman]

depending upon the answers to my questions, I tend to believe just the opposite. If the person on the highway was in the turn lane and they had their turn signal on yet went straight (which means they had to change back over into the straight lane contrary to their indication with the turn signal) I believe OP had a reasonable right to believe the other driver was going to turn. In some states, the fact the turn signal was improperly used would be cause for a ticket, which obviously would be reason for OP to defend their correct actions.

Now, if the driver was going what seemed to be an unreasonable speed to make the turn, then that could put the fault back onto the OP. You must be able to make judgement based decisions when driving.

 

[JustAPal00]

depending upon the answers to my questions, I tend to believe just the opposite. If the person on the highway was in the turn lane and they had their turn signal on yet went straight (which means they had to change back over into the straight lane contrary to their indication with the turn signal) I believe OP had a reasonable right to believe the other driver was going to turn. In some states, the fact the turn signal was improperly used would be cause for a ticket, which obviously would be reason for OP to defend their correct actions.

Now, if the driver was going what seemed to be an unreasonable speed to make the turn, then that could put the fault back onto the OP. You must be able to make judgement based decisions when driving.

I have to agree with you ! The driver may have changed her mind at the last minute, but unless she turned her other signal on, and switched back into the straight lane prior to entering the intersection, she may be guilty of an unsafe lane change resulting in an accident! Unless she admits it or their is a witness, the OP will be found responsible!

 

[ecmst12]

The improper turn signal MAY put a small portion of the fault on that driver, but the most important fact is that OP had a stop sign, therefore it was his responsibility to be SURE it was safe before proceeding. He got hit, therefore it was not safe. I remember way back when I was learning to drive, I was taught to NEVER assume what another driver is going to do just because his signal is on; OP should have waited until he saw the other car actually begin its turn before proceeding.

 

[alnorth]

Need more information. Normally, I'd say most of the fault is with you at the stop sign, since you didnt check to see if the signal was real. In this case your saying he's in a right-turn-only lane, which means it wasnt even legal for him to continue forward regardless of the signal. Did he stay in that lane, ignored the restriction, and hit you, or did he suddenly change his mind, swerved into the normal lane, and went straight? (and if so, how long before the intersection did he switch lanes?)

 

[JustAPal00]

The improper turn signal MAY put a small portion of the fault on that driver, but the most important fact is that OP had a stop sign, therefore it was his responsibility to be SURE it was safe before proceeding. He got hit, therefore it was not safe. I remember way back when I was learning to drive, I was taught to NEVER assume what another driver is going to do just because his signal is on; OP should have waited until he saw the other car actually begin its turn before proceeding.

I didn't say improper turn signal, I said "Unsafe Lane Change". That would be signaling a right hand turn and then switching to the left lane while in the middle of the intersection. She went from the turn lane that was ending at the intersection, to the travel lane while in the intersection. If their hadn't been a turn lane then you could say that all the she did wrong was an impropper use of her signal. But since she was traveling in the turn lane and then switched back and accelerated while driving through an intersection, she was driving unsafely. Let's say he had been struck on the right side from a vehicle traveling the wrong way on the north bound lanes. You could still make the argument that he should have been aware of the vehicle traveling the wrong way, and since ha had a stop sign he was at fault, but when the case went to court the other driver might be found to have a greater responsability for the accident. Of course the OP would witnesses for him to have any chance of this happening!

 

[moburkes]

Indiana follows the comparative negligence doctrine which means that the LESS at fault party (the driver in the turn lane) will have the $ amount of his claim reduced by his percentage of fault. OP was crossing traffic had the duty to make sure that traffic was CLEAR before proceeding. He was MORE at fault. The other party was, at the time of the collision, going straight and had the right of way. The less at fault party was in the wrong lane which caused the OP to assume that he was going to turn. However, absent the OP starting into the intersection where he had a legal duty to WAIT until all was clear, the other driver would not have hit him. Sorry. You will be charged an at fault accident by your insurance company, but depending upon your states laws on percentage of fault, or the insurance company's law on percentage of fault, he might be charged at fault as well (if it makes you feel any better).

Let's say the damage is $1000 to his vehicle. His % at fault is determined to be 40%. His claim will be reduced 40% or $400, so he will only receive $600. You will receive the full amount to repair your vehicle from your insurance company (if you have collision) less your deductible.

 

[darnit]

Hi and thanks for the replies.

To answer the questions, his side of the story was he didn't know it was a turning lane and that he had his blinker on because he was switching lanes and forgot to turn it off. I don't know how one could not know that it was a turning lane. I guess he assumed temporarily that it turned into a 3 lane highway. If I would have not gone and he continued straight he would have driven right onto the shoulder. To be honest I think his story is garbage because he was at a slower rate then the posted speed limit (something I look at all the time when crossing), had his turn signal on and was looking and pointing for his passenger to look where he should have been turning. Another thing is he lives in town and had to of used the highway before since it's a major part of our town.

Oh and by the way, I'm a she

 

[moburkes]

The information you provided would ONLY change the percentage of fault assigned, but since it was your DUTY to make sure the road was clear before you entered the intersection, and you did not, you are still primarily at fault.