Driving & Driving Test Tips: How did this happen?, campus security officer, screeching tires


Question
QUESTION: Dear Mark, I was notified yesterday that I was found at be at fault for an incident which occurred almost two months ago.  The area where the incident took place is rather complicated to describe, but I'll do my best.  There is a street which runs between two sections of our highschool's campus.  There are two lanes for traffic in each direction and a 90 foot wide crosswalk for pedestrians.  Ten feet before the crosswalk there is a white line indicating where vehicles should stop for the traffic signal.  I needed to exit a driveway which came out right at that white line.  Traffic was fairly heavy so as the signal turned yellow and traffic slowed to stop, I took the opportunity to exit the driveway and make it across the crosswalk area.  Once on the other side, I needed to get into the left lane to make a turn at the next street.  As I proceded, I heard screeching tires and in my mirror saw a small white truck behind me run into a pole in the center of the street.   I pulled to the side of the street to see that everyone was okay and then, at his request,  exchanged information with the teenage driver of the truck.  He had called his father who is a policeman in town and he demanded that the campus security officer (who is employed by the police department) write an accident report.   I was at a loss to understand why I was part of this at all.  My vehicle was not in an accident.  I hadn't broken any laws.  But the policeman was there so I just answered his questions and did what he told me to do.  Except for a speeding ticket in the 80's I am a 42 year old mom with a spotless driving record. The policeman didn't attempt to question any witnesses to the accident.  He didn't want to speak to my 16 year old daughter who was in the car.  (I'm told that passengers aren't questioned?)  Anyway, I believe that I was driving safely, but my insurance company says that the report indicated that I "caused" the accident.  I don't know how that determination was made.  Do you have any advice as to what I should say when I contest this decision?  I believe that the truck was speeding across the intersection in an attempt to make it through the light and was coming too fast to stop when he realized that I was changing lanes, so he swerved to the left and hit the pole.

ANSWER: i understand the overall concept of how the collision occurred.  basically you were making a lane change and allegedly the other driver had to swerve to avoid hitting you.  I really can't answer this specifically, in that, I would have to know what the other driver said about the collision and see his damage to assess how fast he might have been traveling.  if you feel that you had cleared traffic before you started to make your lane change.  then stick to that and deny any fault.  it is his word against yours.  at the worst it will be a 50/50 on liability.

---------- FOLLOW-UP ----------

QUESTION: After I sent you my question I went down to the police station to obtain a
copy of the police report. When I read what was in the police report I was
appalled. The entire situation had been turned around on me. The report
said, "after entering the No. 2 lane of traffic vehicle 2 (that's me) merged
immediately into the No 1 lane of traffic directly in front of vehicle No. 1
causing Vehicle No. 1 to take evasive maneuvers which caused him hit the
fence in the center divider." Also, the report added that I had seen the othre
car coming down the street and assumed that it would not make it across
tthe crosswalk in time and so I merged under the assumption that he was not
going to be there. However, this is not the case. I had completely crossed the
crosswalk, realized I needed to merge so I looked over my shoulder, saw that
it was clear, merged, and all of a sudden I hear screeching tires and in my
mirror see a truck rammed into a fence. I pulled to the side to see if anyone
was hurt, but the first thing that the 17 year old boy yells at me is "Didn't you
see me?" To which I emphatically replied "No!" After reading the police report
I submitted a supplement of what really happened in an attempt to straighten
out the story. If the insurance still decides that it is my fault, should i take the
case to people's court? Because now it involves a wrongly written police
report.

Answer
Just stick with your story and make sure that your insurance company knows what your version is.  If there are no independent wits, it is your work against his, andinsurance companies tend to go 50-50 without any other proof.  it would not be cost effective to sue just over this point.  only if you were hurt.