Ok so the other day I got into an accident and the insurance companies are still deciding who’s at fault…
I was driving on a street behind this guy and there’s a double yellow in the middle of the road and no other lines for each side. I was driving behind him and he started to drift to the left while braking and crossed over the double yellow and almost came to a complete stop. I saw this and figured he was going to make a left into the driveway on the left so I proceeded to go around him slowly on the right, traveling at about 5mph. I got about 10 feet when suddenly he made a wide right turn into the parking lot on the right and I slammed on the brake, but I was too far to avoid contact. His right rear door hit into my left headlight.
My dad was pissed at me and said I was completely at fault for trying to pass on the right hand side, but this guy made an unnecessary wide right turn and never signaled so I believe it was partially his fault, too.
What do you think?
Well, his turn signal wasn’t on, and he made a wide turn, which can put him into fault, however you were behind him, and usually drivers who are behind in an accident can be perceived to be the cause f the accident. however, you are not completely at fault, because his turn signal wasn’t on. don’t worry. the cops and everyone are really good at determining who is at fault and who is not.
If it were up to me, I would say both drivers are equally at fault.
You assumed he was going to turn left. He could have stopped, turned left, or right. He could have slowed for a hazard in the road that you couldn’t see.
But you assumed he was going to do ‘X’, so you did ‘Y’, therefore you have some of the fault.
(You might even be assigned more fault for trying to pass on the right side, if the road only has 1 lane for car defined by lines. For example, if you moved over into a bicycle lane.)
His fault is not using a signal that he was going to turn right. California vehicle code requires a signal to be used ‘if your actions could affect a nearby car’, or similar words to that effect.
But can you prove he didn’t use signals? Without a witness, that’s tough to do.
Sorry, that’s probably not what you wanted to hear, but that’s how I see it.
The good news is that nobody got injured – just some sheet metal got banged up. That can be fixed.
Sorry to say but unless he admits to not signialing, it will be very hard to prove that he indeed failed to signal right. You will probably be charged with driving without undue care and attention.Its a crappy deal especially when you are a young driver. Dont get discouraged though, accidents happen to almost everyone at some point.
It’s your fault because undertaking at any time is illegal and that’s what you did (is you’re in the u.s.a)
Quite the dilemma but… the vehicle being passed has the right of way unless said vehicle has signaled a turn ( signaling a turn gives up right of way). But you said he did not signal. hmm… let’s see, he crossed double yellow lines (1), failed to signal (2) and was the vehicle doing the striking (3). You only attempted passing to the right (1) . I see the other driver at fault 3 to 1. But it has been many years since I retired and some laws may have changed or be different in your state. Good luck with this. Hope it works out for you.
living in UK your description is a bit difficult for me to follow because we drive on the left hand side of the road. The best you can hope for is a 50/50 split. The signal is an irrelevance, He should have looked in his mirror. I do not understand the yellow lines part and presume that you are not supposed to cross them to overtake which puts you in the wrong in any event. So the best you can hope for is as I say a 50/50 but ithink it may be a 25/75 in his favour if you are lucky
Have you heard the saying…”When you assume something..you make an @ss of U and Me”? Assuming what another driver will do frequently causes trouble.
The problem here was you assumed he was going to turn left and therefore passed illegally on the left. You are at fault for this.
You never said what kind of vehicle he was driving. Certain vehicles, such as tractor trailers, vehicles pulling a trailer, very large trucks etc have to make a wide right turn. The drive way he was turning into may have required he swing out wide to make the turn.
He’s allowed to make a wide right turn. You were not allowed to pass on the right.
Additionally, the impact of his door and your front end (head light) indicates that he was already turning. In order for your head light to hit his door, then his front bumper, fender/hood, front door were already turning.
If it happened the way you say (you passing and his turning into you)…his head light would have hit your door. The point of impact between the 2 vehicles kills your story and supports his (which is probably that he was turning right and you passed illegally on the right).
You’re dad’s right.
You are at fault for this one.