Car Accident... Who's at fault?
Find answers to your legal question.
Car Accident... Who's at fault?
|
Hello everyone, so this is the case: I was driving in a three lane one way street. I was in the far left lane while the other person involved was driving in the middle lane. We were at a stop light before the accident happen and then the green light was lit so everyone started driving. As I was driving straight in the far left lane, the other vehicle in the middle lane was ahead of me slightly. I was basically in her blind spot. She decides to change lanes immediately in my lane (the far left lane) at a sharp angle and I could not stop in time and I hit her in between her driver side door and her driver side passenger door. She claims she changed lanes correctly and in due time basically. However, in my opinion, she changed lanes too sharply and did not check her blind spot to see if a vehicle was in it. She probably looked in her mirrors if at all and proceeded to change lanes without looking at her blind spot. A person working in the building next to the scene of the accident took a picture of the accident and it clearly shows my vehicle straight while her vehicle turning at a sharp angle into my lane.
The cop who wrote up the police report told me he would write me down as the person not at fault as he did not believe her story (I believe she told him that she was trying to driver straight). This lady now wants to take me to small claims court and I'm just nervous because I'm sure I won't be named at fault but its FRIGGIN COURT and you just never know whats going to happen. BTW I've been trying to get the police report but the city of Oakland lags like crazy and it is not ready yet. Can anyone please give me their opinion on this case? Thank you all.
|
 
|
Miotch
 |
BS! It's called an "unsafe lane change". It's her fault. Come back with a counter suit if she goes that far. Something like $4,000 in lawyers fees and time off work. Count every penny. The time you took off because of the accident, the time you take off for work. Damage to items in your car. Insurance rates increasing. You have the right to do so and the option. That will discourage them pretty quick. It'll probably stop the whole thing. I don't understand why people have such a problem admitting to their mistakes. |
|
UCANTCME
|
It would be her fault plus you have evidence to prove it both from the report and the witness, don't worry about this cow you will be fine. |
|
skipray
 |
Try to get a copy of the police report.I would also take the pictures to court.If you present your side of the story like you did on yahoo answers along with the police report and pictures,you should be ok.I had a similiar accident in a 67 mustang.Good luck |
|
Jim
 |
A proper lane change goes as such:
-Check mirror
-Signal
-Shoulder check(for blind spots)
-Commence lane change
If the other party's vehicle entered your immediate space, a reasonable person would not have had time to brake. Therefore in my opinion, she is at fault as long as you were following all the required driving signs and speed limit. |
|
Paul
|
You are not at fault if everything you say is true, and your ins should be handling this court deal. |
|
terrellfastball
|
She is guilty of failing to maintain proper lookout and failing to maintain her lane. She is at fault, take the picture, officer's report, and witness statements to court and let her look stupid. |
|
Raider3
|
Sounds like you're in the clear, you've got a picture of the accident and the police report said you're not at fault. She's just nervous and doesn't want to be blamed entirely for the wreck. Her taking you to small claims court is a big mistake on her part however as it could work out well for you even though you're not the one taking this issue to court. You should be fine however, good luck. |
|
Olive Oil
|
You have nothing to lose by going to court. I fight all my tickets and 98% of the time I win. You walk into court and wait for the judge to ask you your account of the accident. If you were in the left lane traveling straight ahead, where else would you have to go? She might have used her mirrors but I'm willing to bet that she never turned her head to check her blind spot. I hope you got the officers name and the case number. I would also like to hear that you are counter-suing her for any damages that she caused on your car. (especially if the officer believes you more that her) That officer will be required to show up in court because he issued the ticket(s). Court is always more scary when you're the one at fault, but this sounds like its in your favor. FIGHT IT ALL THE WAY!!!
Just collect as much evidence that you can, like that picture, and 3 estimates of the repairs to your car. and any witnesses. GO FIGHT WIN!!!!
good luck!!!! |
|
fireman
|
iwas in hobart indiana the light was red two cars had stoped to let me in was making a left turn into the west bound lane . a driver comes around passed in a solid yellow line and hit me at a angle. cops said its my fault what do you think |
|
|
|
|
|
 t-boned |
| Hi. Yesterday I was driving home from work and about a mile from my house I came to a person who was sitting at a stop sign on a cross street. I did not see a blinker so I assumed his right blinker ... |
|
| Traffic laws |
| I'm curious about how many traffic laws there are out there? Of course every locality has different ones but generally how many are there?... |
|
| can the police take a car away for IN10 offence if you are disabled |
| I was recently convicted of an IN10 and my car was seized. can they legally do that if you are disabled?... |
|
| Hit and Run? |
| I am at a stop sign and checking for a chance to make a right turn. Because I'm a bit a thick i don't notice that someone is about to walk cross from the right and I start turning. I end up cutting ... |
|
| ABS Damage |
| The ABS in my car -kia cerato 2011- has worked twice... Does this affects the efficiency of the brakes in the future...
There is no squeezing noise from the brakes or any noise when I m braking now ... |
|
| Crash Helmets |
| Is it illegal to wear a crash helmet whilst driving a closed car on the public highway?
... |
|
| Who's fault is this and how on earth could it me mine??!! |
| I was heading north down a residentialstreet driving without any streets signs for me to abide by and a woman who was facing east and had a yield sign turned left heading north and drove towards me ... |
|
| T-Junction Crash |
| Tread about C... |
|
| My cars wrecked by someone else and I forged a signature on an insurance check... |
| So I was 18 and just got my license. My sister, a pharmacist, gives me her old pt cruiser. I would say it could blue book about 3 grand, given it's condition. I sign the title and my mother ... |
|
| Insurance Company refund? |
| I just got pulled over last weekend and found out that my drivers license is suspended due to an accident 1.5 years ago. I was never informed that my license was suspended. I paid the full ... |
|
| title jumping |
| so i gave my cousin a 57 ford truck about 6 years ago. he had to move so he gave it to someone else through craigslist and the title was never transferred. when i gave the truck to my cousin i signed ... |
|
| title jumping |
| so i gave my cousin a 57 ford truck about 6 years ago. he had to move so he gave it to someone else through craigslist and the title was never transferred. when i gave the truck to my cousin i signed ... |
|
| title jumping |
| so i gave my cousin a 57 ford truck about 6 years ago. he had to move so he gave it to someone else through craigslist and the title was never transferred. when i gave the truck to my cousin i signed ... |
|
| Car Auctioned |
| I signed for my son to get a car. He lost his job and missed 1 payment; the bank just moved the payment to the end of the loan term. When he missed the second payment he went to the bank and asked ... |
|
| He turned left from the right hand lane... |
| I have just been in an accident (in the UK by the way) involving myself in a car, and a larger truck. We were both driving along a road with two lanes, him and the right and me roughly level with the ... |
|
| Will I get a ticket by stopped too close to school bus |
| I was following a school bus with flashing yellow lights around 10 meters yesterday afternoon, then the bus was pulling over and I was approaching couple of meters then stopped about 2 meters after ... |
|
| DWI help please!!!! |
| First I'd like to thank you for taking the time to read this. With that said, I was drinking last night and had a friend drive my car home for me. I WAS NOT DRIVING. we seen the police and the head ... |
|
| Whose fault is it? |
| It was at a parking lot for Mcdonalds in California.
My first friend got to her car first and backed out. My 2nd friend was still getting in to his car.
My first friend went back into her parking ... |
|
| Bought insurance 30 mins after ticket |
| I live in Indiana. Long story short, I got a citation yesterday for driving with expired tags. I renewed my expired insurance 30 mins after I got the ticket. I'm sure the BMV will be sending me a ... |
|
| Who is at fault if car door opens into your moving vehicle? |
| Hello--I was dropping my son off at school & pulling in to an open space for loading, as I was pulling in, a lady in the backseat of another car, opened her door. My side mirror was ripped off & her ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
