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Left turn accident and other car speeding

#1
Hi,

I was in an accident almost 2 months ago and i was found to be more than 51% at fault. The accident occurred at a T intersection. I was at a stop sign and began to take a left hand turn. I had a minimum of 4 car lengths of distance before i began to turn left. The lane I was turning left onto was free of any cars coming. As i entered the road, my car was half way on just over double yellow lines. I glanced right quickly to ensure again there were no cars coming so I continued my left turn. At that time the other car was completely on the the other side of the road after he crossed double yellow lines going in the wrong direction and was speeding. He was going a minimum of 45 MPH. The speed limit is 25 MHP throughout the town. We ended up hitting each other with my front right bumper colliding with his right side rear passanger's door. If I appealed the surcharges, would i have a good case getting them dismissed or having us both found 50 % at fault negating me paying the surcharges.

This happened at 4 PM during rush hour and the ground was wet. I would greatly appreciate advise given.
 


Zigner

Senior Member, Non-Attorney
#2
This forum is for US law matters only.

It sounds to me as if you pulled in front of oncoming traffic. Absent some physical feature blocking your view, even at 45 vs 25, you should have been able to see the other vehicle, but apparently just missed seeing it.

What town did this occur in?
 

FlyingRon

Senior Member
#3
First, you're going to have to explain what state you are in. Insurance rules vary widely from state to state.
I'm not sure I understand what you are saying with regard to the car lengths. Car lengths from what to what?
Where did this other car come from again?
 
#5
First, you're going to have to explain what state you are in. Insurance rules vary widely from state to state.
I'm not sure I understand what you are saying with regard to the car lengths. Car lengths from what to what?
Where did this other car come from again?
It happened in Massachusettes
 

FlyingRon

Senior Member
#6
OK, that's very helpful. Massachusetts does give you appeal rights under the law that do not exist in other states. Now again, could you explain just where all the cars involved were at the time you were completely stopped at the sign, at the time you started into the intersection, and at the time of the collision. The address of the intersection or a picture would help.

Am I to understand that he was in the lanes coming toward you form the left and swung out to (illegaly) pass someone?
 
#7
One other question. What proof do you have that the other vehicle was speeding?
I wouldnt say it is proof but if cars are driving during that time of day, most if not all cars go that speed at a minimum. I know saying that isnt proof, the speed limit is posted at 25 MPH right where the accident occurred.
 

FlyingRon

Senior Member
#8
Which is to say, you don't have anything other than your mere assertion that he was. Anyhow, arguing loss of right of way because of excessive speed is a hard sell and even if it did, it may not be enough to push the fault over the 50% line to the other driver.

Again, I'd like to know just how it is he was in the lane that you collided in.
 
#10
Which is to say, you don't have anything other than your mere assertion that he was. Anyhow, arguing loss of right of way because of excessive speed is a hard sell and even if it did, it may not be enough to push the fault over the 50% line to the other driver.

Again, I'd like to know just how it is he was in the lane that you collided in.
Would a diagram of how it looked help?
 

FlyingRon

Senior Member
#15
For the same of description, I'm just going to call assume that the diagram is NORTH UP.

Where there other cars in the eastbound lane approaching the intersection ahead of #2 when he left the lane? If so and he was making an illegal pass, you may have a good argument. If it was there were no cars between #1 and #2, I can see an argument that he moved into that lane to make evasive action after you suddenly appeared in front of him.
 
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