Accident in texas-who is at fault

[nando1123]

What is the name of your state? Texas
Accident occurred in bexar county
Please see attaches links for police report
I am unit 1 the car and other driver was unit 2 the truck-who is at fault I unit one did not have insurance should I start a claim the whole side of my car is damaged doors can not open

 

[Zigner]

Because this is a street with one lane in each direction, I would say that you are at least as much to blame for this accident as the other driver, if not more. The report mentions that each driver was given a citation for "the listed offenses", but I don't see any listed. What were you each cited for?

 

[nando1123]

I got issued citation for no insurance and she got citation for expired drivers license

 

[not2cleverRed]

I think you are mostly at fault.

You were passing on the right, and she was signaling right... If you were unsure of what she intended to do, you should have stopped. The only time passing on the right is at all acceptable is when someone is clearly going left. And even then... it's technically a no-no.

You are uninsured. So the only insurance you can make a claim with is her insurance. Think about that.

 

[nando1123]

I know the picture kind of looks like I got off my side of the road but I was in the center of my lane and she was in the other lane of on coming traffic completely. Its still my fault even though i was in my lane and she drove into me? I kind of thought that I have the right of way and she just did not even look in her mirror because I saw her but she didn't she me???

 

[Zigner]

I know the picture kind of looks like I got off my side of the road but I was in the center of my lane and she was in the other lane of on coming traffic completely. Its still my fault even though i was in my lane and she drove into me? I kind of thought that I have the right of way and she just did not even look in her mirror because I saw her but she didn't she me???

It doesn't matter if you were on the right or in the center. She was signaling the right turn - you should have waited for her to complete the turn. You KNOW she wasn't driving in the other lane (because it's for travel in the opposite direction).

 

[not2cleverRed]

You saw a car ahead of you signal right and then slow down.

If you were confused by her crossing the median, then you should have stopped or at least not passed until you could figure out what the other vehicle was doing.

The only insurance that you can file a claim with is her insurance, because you are uninsured. Her insurance is going to say, why didn't you reduce speed or stop?

 

[adjusterjack]

Its still my fault even though i was in my lane and she drove into me?

Yes, it's your fault. In fact, I think 100% your fault. She may have committed a traffic violation by crossing into the oncoming lane but she was not negligent in causing the accident. You were. You SAW her signaling for a right turn and tried passing her on the right anyway. That's negligence and puts you at fault.

Go ahead and make the claim against her insurance and see how it goes. My guess is that her insurance will deny your claim and come after you for the cost of any damage to her vehicle.

 

[nando1123]

Is there not a rule/law stating that a driver can not make a turn unless that said driver knows that they are free and clear to make the turn? I'm trying to understand. The way that I'm thinking of it is by comparing it to a highway situation like if I was in my lane and she had her blinker going into my lane she still has to look in her mirror and make sure that the lane she is going into is clear no???

 

[Zigner]

Is there not a rule/law stating that a driver can not make a turn unless that said driver knows that they are free and clear to make the turn? I'm trying to understand. The way that I'm thinking of it is by comparing it to a highway situation like if I was in my lane and she had her blinker going into my lane she still has to look in her mirror and make sure that the lane she is going into is clear no???

Please take a defensive driving course.

 

[PayrollHRGuy]

Is there not a rule/law stating that a driver can not make a turn unless that said driver knows that they are free and clear to make the turn? I'm trying to understand. The way that I'm thinking of it is by comparing it to a highway situation like if I was in my lane and she had her blinker going into my lane she still has to look in her mirror and make sure that the lane she is going into is clear no???

There is no way that a driver can tell what a car behind them is going to do. One must assume that cars behind them are going to slow down or stop as the law requires. While I agree the other car was trying to make too wide a right turn you shouldn't have been passing on the right.

 

[not2cleverRed]

Is there not a rule/law stating that a driver can not make a turn unless that said driver knows that they are free and clear to make the turn? I'm trying to understand. The way that I'm thinking of it is by comparing it to a highway situation like if I was in my lane and she had her blinker going into my lane she still has to look in her mirror and make sure that the lane she is going into is clear no???

But... she's not on a highway. She's taking a right turn which by your own statement, she signaled for and you tried passing her on the right.

Acquaint yourself with Texas Transportation Code § 545.057 and get some auto insurance.

The codes for "Contributing Factors" translate as "Driver Inattention" for you (not her) and "Turned Inappropriately - Wide Right" for her. Note that she was not accused of inattention - you were. 20 and 64 are code numbers, not the percent fault of each party.

Source: Bexas County Instructions To Police For Reporting Crashes, page 107 http://home.bexar.org/arpss/docs/crash/InstructionsToPoliceForReportingCrashes.pdf

 

[adjusterjack]

Is there not a rule/law stating that a driver can not make a turn unless that said driver knows that they are free and clear to make the turn? I'm trying to understand. The way that I'm thinking of it is by comparing it to a highway situation like if I was in my lane and she had her blinker going into my lane she still has to look in her mirror and make sure that the lane she is going into is clear no???

You can rationalize it with irrelevant comparisons all you want but the fact remains: You SAW the turn signal. You had no business passing on the right.

 

[HighwayMan]

You also had no business driving without insurance. This is going to be a costly lesson for you.

Besides repair costs for your car AND the other party's car, this applies:

First-time offenders will, by law, be cited and fined between $175 and $350. Additionally, a surcharge of $250 will be added to your annual driver’s license fee for each of the next three years. Added up, getting caught driving without insurance in Texas the first time will end up costing you between $925 and $1100.