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OT Lawyers, LEO, Insurance guys - Traffic Accident fault

Posted on 2/25/16 at 2:10 pm
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:10 pm
Couple questions for you guys.

Here's the setting. 2 cars traveling same direction. single lane hwy with turning lane in middle

Run down of the accident report

Car#1
Veers left over into turning lane. makes right hand turn into parking lot. (Video from grocery store footage clearly shows car gets into turning lane). Car 1 & 2 collide, in the travel lane and go off the road to the right

Violations - According to accident report:
A) Makes wide right turn
B) Inattentiveness

Car#2
Violations: None

1. Who's at fault?
2. Is it the insurance company's job to establish fault?
3. Am I living in the twilight zone?
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:10 pm to
no pics of either driver were available
Posted by Adam4848
LA
Member since Apr 2006
19848 posts
Posted on 2/25/16 at 2:11 pm to
1. Car #1 is at fault
2. Was a police report filed?
3. Have a beer

PS: I'm not a lawyer
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40907 posts
Posted on 2/25/16 at 2:13 pm to
So the car went left into the turning lane to make a right hand turn? Why? I could see if it was pulling a trailer, but why did they swing that wide?
Posted by crankbait
Member since Feb 2008
11650 posts
Posted on 2/25/16 at 2:13 pm to
Car #1 is at fault

quote:

OT Lawyers, LEO, Insurance guys


I am not a tPOS, therefore, I am none of these
Posted by BiggerBear
Redbone Country
Member since Sep 2011
3164 posts
Posted on 2/25/16 at 2:13 pm to
1. Probably both.
2. No.
3. It's hard to tell. Why do you think you are?
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:14 pm to
quote:

So the car went left into the turning lane to make a right hand turn? Why? I could see if it was pulling a trailer, but why did they swing that wide?

either she changed her mind about turning left or she just used it to make a wide turn. not sure
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:15 pm to
quote:

2. Was a police report filed?

yes
Posted by Demshoes
Up in here
Member since Aug 2015
10758 posts
Posted on 2/25/16 at 2:16 pm to
Each insurance company will disclaim fault. Driver 2 will have to get a lawyer to prove that driver 1 was at fault. Insurance company for Driver 1 will eventually cave and pay something, unless Allstate or unless Driver 1 goes and gets a 10 level Vogelectomy.
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:16 pm to
quote:

1. Probably both.

why both?
Posted by JPB
Dallas
Member since Sep 2015
155 posts
Posted on 2/25/16 at 2:16 pm to
The way I'm reading that, V1 is clearly at fault for making a right hand turn from the center turning lane (across the thru lane of traffic). Insurance company decides whether or not they think they owe for the damages. They do not decide "fault." It's more like accepting responsibility. The "fault" can be reversed if the claim makes it to trial based on the argument of the defense/plaintiff
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:16 pm to
quote:

Each insurance company will disclaim fault. Driver 2 will have to get a lawyer to prove that driver 1 was at fault. Insurance company for Driver 1 will eventually cave and pay something, unless Allstate or unless Driver 1 goes and gets a 10 level Vogelectomy.

same Insurance. State farm
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23315 posts
Posted on 2/25/16 at 2:16 pm to
You were following too close.
Posted by Snoopy04
Republic of Texas
Member since Aug 2015
3332 posts
Posted on 2/25/16 at 2:17 pm to
quote:

Car#1 Veers left over into turning lane. makes right hand turn into parking lot. (Video from grocery store footage clearly shows car gets into turning lane). Car 1 & 2 collide, in the travel lane and go off the road to the right Violations - According to accident report: A) Makes wide right turn B) Inattentiveness


quote:

Car#2 Violations: None


seems like you're answering the question yourself

I will give in my $.02 tho...

1. Video footage showing car 1 making a bad turn will help determine they are at fault by driving negligently. The only way car 2 could be in trouble is if they can somehow prove they were speeding and did not give car 1 enough room, therefore colliding. I am still sticking with car 1 being at fault, but at the end of the day, best way to settle this is to get police report.

2. Both insurance companies will fight to say the other one was at fault. *refer to police report is the real answer

3. if you are living in the twilight zone, can you give me directions on how to get there?

Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/25/16 at 2:17 pm to
car #2 hit rear or side of car #1?
Posted by yellowfin
Coastal Bar
Member since May 2006
99037 posts
Posted on 2/25/16 at 2:17 pm to
quote:

she


in the wrong


don't need to read anything else
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:19 pm to
side
Posted by Schmelly
Member since Jan 2014
16433 posts
Posted on 2/25/16 at 2:20 pm to
quote:

You were following too close.

nope. video shows a good 6-7 lengths. 25 mph zone. wasn't speeding either. and PR indicates none of that anyway
Posted by Lake Vegas Tiger
Lake Vegas
Member since Jun 2014
3298 posts
Posted on 2/25/16 at 2:20 pm to
LAWYER UP
Posted by Shepherd
Member since Nov 2009
3100 posts
Posted on 2/25/16 at 2:20 pm to
quote:

I am not a tPOS, therefore, I am none of these



Generalize much?

Amazing how horrible some people are to each other on this board.
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