• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car accident? Whos at fault?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Maxch97

Member
Hi I was involved in an accident on an expressway in New York. I was in the left most lane, while the other driver was in the middle lane. There was a construction worker in the middle lane holding a "slow" sign and the lady in the middle lane stopped her car in front of him. While I was driving in the left lane, she then merged onto my lane suddenly, giving me no time to break or stop for crashing.

She told the police that she stopped because of the construction worker and that I rear ended her.

I told the police what I posted above.

One of the construction workers told the police that I shouldve been driving slower since it was a work zone. * there was no sign indicating a reduction in speed limit nor any signs posted about be a work zone.

Am I partly at fault?

I called my insurance company and started a claim. Tomorrow the adjuster will speak with me. Any tips on what i should do or say?

This is my first accident after 3 years of driving. The driver of the other vehicle has a temporary license...

Thank you everyone for taking the time to read this and give suggestions
 


adjusterjack

Senior Member
While I was driving in the left lane, she then merged onto my lane suddenly, giving me no time to break or stop for crashing.
What part of your car hit what part of her car?

Be specific.

One of the construction workers told the police that I shouldve been driving slower since it was a work zone. * there was no sign indicating a reduction in speed limit nor any signs posted about be a work zone.
You don't need a sign to tell you to slow down and be careful when there is something out of the ordinary going on up ahead. Failure to exercise due care based on unexpected conditions is negligence. A lot depends on your answer to my first question. You may have been going too fast for conditions, which is often how fault is determined.

Any tips on what i should do or say?
The truth as you know it.

This is my first accident after 3 years of driving.
Irrelevant.

The driver of the other vehicle has a temporary license...
Also irrelevant.
 

Zigner

Senior Member, Non-Attorney
If the accident happened as you described, the other driver is 100% at fault because she cut in front of you causing you to hit her.

Your problem is proof...
 

Maxch97

Member
If the accident happened as you described, the other driver is 100% at fault because she cut in front of you causing you to hit her.

Your problem is proof...
Thanks for the reply. I took photos of where the damage occurred on both cars. (Front right of mine and back left of hers) . Hopefully the police report and the photos help me. I wish I could take the photo right after the accident occurred as she proceeded to move her car to prevent traffic buildup.
 

Maxch97

Member
What part of your car hit what part of her car?

Be specific.



You don't need a sign to tell you to slow down and be careful when there is something out of the ordinary going on up ahead. Failure to exercise due care based on unexpected conditions is negligence. A lot depends on your answer to my first question. You may have been going too fast for conditions, which is often how fault is determined.



The truth as you know it.



Irrelevant.



Also irrelevant.
Thank you for the quick reply. My front right head light and her back left rear collided
 

adjusterjack

Senior Member
My front right head light and her back left rear collided
That's pretty good evidence that she cut in front of you suddenly and you couldn't avoid hitting her.

File a claim against her insurance but report it to your own insurance in case she files a claim against you.

Put everything in writing and provide the photos to both insurance companies.
 

Maxch97

Member
That's pretty good evidence that she cut in front of you suddenly and you couldn't avoid hitting her.

File a claim against her insurance but report it to your own insurance in case she files a claim against you.

Put everything in writing and provide the photos to both insurance companies.
Thank you so much for your suggestion. I will file the claim today
 

Zigner

Senior Member, Non-Attorney
That's pretty good evidence that she cut in front of you suddenly and you couldn't avoid hitting her.

File a claim against her insurance but report it to your own insurance in case she files a claim against you.

Put everything in writing and provide the photos to both insurance companies.
It's also evidence that he rear-ended her as she was making a lane change. (Just playing devil's advocate here...)

EDIT: I mean, a lane change out of the lane they were both in.

EDIT Again: This is another great example of the value of a dash cam. Had the OP had one, there would be no question in this matter.
 

Maxch97

Member
It's also evidence that he rear-ended her as she was making a lane change. (Just playing devil's advocate here...)

EDIT: I mean, a lane change out of the lane they were both in.

EDIT Again: This is another great example of the value of a dash cam. Had the OP had one, there would be no question in this matter.
Yes... I was in the process of getting a new car before this all happened and already had a dash cam coming. I guess i was just unlucky. Wouldn't the person making the lane change be at fault?

Edit: I know theres nothing I can do at this point, I just want to know how the laws work.
 

Zigner

Senior Member, Non-Attorney
Wouldn't the person making the lane change be at fault?
If you were driving behind a vehicle and that vehicle made a lane change to the right, but you rear-ended that vehicle before the lane change was completed, then you are at fault. I know that's not what happened, but you see what I'm saying...
 

Maxch97

Member
If you were driving behind a vehicle and that vehicle made a lane change to the right, but you rear-ended that vehicle before the lane change was completed, then you are at fault. I know that's not what happened, but you see what I'm saying...
Yup I agree with you on that. Hopefully one of the pictures showing the locations of the cars say otherwise
 

not2cleverRed

Obvious Observer
WT-?
The fact that there is a human standing in the highway holding a "Slow" sign isn't an indicator to you that you should proceed more slowly, with caution?!

Perhaps the other driver should have waited before making a lane change - but you should have been more aware of your surroundings as well. (I suspect she thought that she was following directions/gestures from the worker with the sign.)
 

justalayman

Senior Member
WT-?
The fact that there is a human standing in the highway holding a "Slow" sign isn't an indicator to you that you should proceed more slowly, with caution?!

Perhaps the other driver should have waited before making a lane change - but you should have been more aware of your surroundings as well. (I suspect she thought that she was following directions/gestures from the worker with the sign.)
If she was blindly following directions from the road crew with no regard to the situation around her, she has no defense. When a road crew directs you to do anything, you are still required to ensure the action you are taking is safe.
 

not2cleverRed

Obvious Observer
If she was blindly following directions from the road crew with no regard to the situation around her, she has no defense. When a road crew directs you to do anything, you are still required to ensure the action you are taking is safe.
There are many accidents that I've avoided by choosing to be cautious rather than "right". A little defensive driving goes a long way to keeping the car out of the shop.

While it sounds like she made an improper lane change, the other driver was not cited for that. Nor was OP cited for excess speed in a work zone. "Reduced speed, fines doubled", after all.

My gripe is that OP, by their own admission, carried on as though they weren't in a work zone.

One of the construction workers told the police that I shouldve been driving slower since it was a work zone. * there was no sign indicating a reduction in speed limit nor any signs posted about be a work zone.
But There was a construction worker in the middle lane holding a "slow" sign and the lady in the middle lane stopped her car in front of him.

OP knew something unusual was up, but was determined to blaze through.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top