Questionhi . i was turning a left in an intersection i have a stop sign . after i stopped for few minutes to let the cars go i was flagged by a the car in the first lane to let go (because the guy didn't want to block the intersection
i proceed very slowly passed the first car when in get to second lane a suv come flying from left side and hit the left front of my car .. please can you explain if that's my fault????
AnswerHi Mo Belam,
This case seems simple enough, but leave it to attorneys to make grey areas out of what looks to the layman as black and white. There are some interesting distinctions as to "fault", depending upon which entity is asking. I am going to give you a full hour of my time since this IS IMPORTANT to you—and to others who may be in your position.
I am not sure what you mean by "fault". Of course you are at fault to some degree. You failed to yield the right of way. BUT, the SUV driver could also be at fault for speeding through an intersection when his view of left turning cars (i.e. YOU) was hidden by the car that waved you through. The issue is: what percentage of fault should each of you bear?
Three entities do not care to speak in terms of percentages: for purposes of the police, traffic court, and raising your insurance rates, you are either at fault, or not. No giving you a break on your increase in premiums if you were only 50% or even 25% at fault. These three entities count you as being fully at fault if you could prove that you were less than half at fault.
The police report does not deal in such distinctions; their instructions are to put one party at fault, and they are not allowed to insert percentages of fault. The traffic court judge will make you pay a fine, even if you were only at fault 25%, for example. The judge will not reduce the traffic fine; you will pay 100%, just as if you had been 100% at fault.
Similarly, you might find that your own insurance company has designated this as an "at-fault" accident if they have to pay out anything under the terms of your policy. Hence, that allows them to legally raise your rates.
You will not be able to win this one with them, because once your negligence requires them to pay out $$$, then they get to call this accident your fault. That may be strange if you were only 40% or even 50% at fault. Why should they get to raise your rates as if you were 100% at fault?
So, having dispensed with these three, and having shown you that for the purposes of those three entities, you have only your own personal injuries to argue about on the percentages. If you were not injured, you can ignore much of this; or just learn it as best you can in the event you want to claim versus the SUV driver's insurance in the event you were to pursue a claim.
As I understand it, you would have been facing two lanes coming at you, with a driver in the inside lane motioning you to turn left in front of him, and when you turned left, you cleared that driver, but there was the SUV in the outside lane (that is the one next to the edge of the roadway) that came up fast and hit you.
The basic rule is that you cannot move your vehicle unless you can do so safely. So, the duty is on you, inasmuch as it is YOU who is about to cross in front of a lane of travel. In this case, it is your duty to exercise due care and caution and to delay movement until it can be done so safely.
You mention that you had waited awhile. That does not give you any vested rights to take away the right of way of the other drivers.
You mentioned that the SUV "come flying from left side", so maybe you think that his speed contributed to the accident. Let's see, how many times have I heard this story from a would-be client (i.e. YOU—someone in YOUR position who was CREAMED by the SUV) who wanted to hire me to go after the SUV for injuries suffered in the accident?
Well, truth be known, Dr. Settlement personal injury insurance claim cases were not always a huge success. I admit that I did sucker in and take a case in which I WOULD CONTEND THAT OVER 50% OF THE FAULT WAS WITH A SPEEDING DRIVER (the SUV), but ONLY if there were VERY serious injuries so that I could give away half or more of the case and still get the client some $$$ and a few bucks for the good ole attorney.
So, long story short, Doctor Settlement took auto accident insurance injury claims defending YOUR position if the injuries were large enough. My contention is that the SUV driver ALSO had the duty to slow down when he approached the intersection because a reasonable drive SHOULD KNOW and should expect and SHOULD PLAN on someone in your position popping out from the view blocked by the driver who waved you through.
What I said about the need for very serious injuries (on the driver in YOUR position) before I would take the case is relevant to your question. What that threshold of necessary injury means is that I KNOW THAT YOU ARE LIABLE, the only issue is to what percentage.
In my state, you could be even 90% at fault and still recover 10% of the value of your claim. Hence, if your claim were worth $100K, and you were—let's say—60% at fault, then I could still get an award of $40K for you. Of course I have no idea what the comparative negligence law is for your state. In many states, you would lose your rights to any claim if you were shown to have been 50% at fault. You can check that out by calling your State Insurance Commissioner http://www.settlementcentral.com/links.php
But, depending upon your injuries, this could be worth fighting for. Read the logic I have given to you for arguing your position: i.e. that the SUV is the MAJOR cause of the accident since he negligently ignored the real prospect that someone MUST be expected to be about to turn left and that they are blocked by the car that waved you forward.
This brings up the last topic: is that guy who waved you forward at fault? I do not think so since I did argue that all he is doing is to yield you, and hence to express to you his position that HE is going to let you pass in front of HIM. That driver who waved you through expressed NO OPINION regarding whether or not the outside lane would be clear for you. Hence, you have no basis for making a claim versus him.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
