Ask Me Help Desk - Am I relly at fault?

Am I relly at fault?

I received a frantic phone call from my wife telling me one of my animals was killing another one, and I needed to hurry and get home ASAP. I was coming up to a red light and proceeded into the suicide lane where no other cars were. I turned on my emergency flashers and waited at the light for traffic to clear before going through the red light. I saw an off duty police officer on my left, but didn't think twice. I accelerated quickly and about a half a mile up the road a car was on my right about to enter the highway from a side street. She pulled out and hit the front side of my car as I was trying to avoid her. There is no evidence of my speed but I know for a fact I was not going more than 60 with my emergency flashers on. The speed limit was 45. The off duty officer gave his statement of my going through a red light and taking off quickly as well as two others who were at the light. But none of them were around the accident when it happened. The officer said I was at fault even though there was no evidence of my speed, and the fact that she failed to yield to oncoming traffic while making a left turn. Can I beat this in court. I know she had plenty of time to see me, I saw her and tried to void the accident, she jut kept on going like I wasn't there. Location lexington South Carolina

Quote:

Originally Posted by leezconfused

waited at the light for traffic to clear before going through the red light
i was not going more than 60 with my emergency flashers on. the speed limit was 45

Um, you went through a red light and were speeding with your flashers on? How do you think you could possibly be innocent? Yes, I understand you were in a panic, but this is not how drivers behave.

A "home emergency" does not give anyone the right to do what you did. If anything, you should have found a cop who could have either driven you home in his car or escorted you while you drove your car.

The accident was not caused by the light. The accident occurred nearly a mile from it, although I may have been exceeding the speed limit what about failure to yield to the right of way to oncoming traffic?

First your flashers on is a joke, please don't expect that to be a defense, they are to be used when you are parked not driving.

Next you were driving in a middle lane, not in the actual road. You are suppose to always be parked there waiting to turn.

You are so at fault your best deal to get a attorney and work out a plea or something,

Oncomming traffic is not in a turn lane, they would have expected you to be turning in the lane you were driving.
And with a police officer testifing against you, you don't have a prayer in court.

Ummmm... Even though I recently experienced the death of my son's assistance dog by the jaws of another person's dog and I can understand why you were hurrying home - you have NO right to act so irresponsibly. You not only endangered yourself but anyone who was even in driving range of you. You saw a police officer - you could have flagged that officer and said you needed help. Who gave you the authority to drive like a maniac with your emergency flashers on?

Which brings me to the next question - I can understand your wife calling you but why didn't she call animal control or the police department? What were you supposed to do anyway? Get in between two fighting dogs?

Quote:

Originally Posted by leezconfused

going through the red light speeding with flashers on.

i accelerated quickly and about a half a mile up the road a car was on my right about to enter the highway from a side street. she pulled out and hit the front side of my car as i was trying to avoid her.

the fact that she failed to yield to oncoming traffic while making a left turn i know she had plenty of time to see me, i saw her and tried to void the accident, she jut kept on going like i wasn't there. location lexington south carolina

The red light That is a ticket for running a red light and speeding. Like Fr Chuck said flashers are a non issue here.

Separate issue from the accident.

They SHOULD rule something like 70/30 or 60/40 meaning one of you was at greater fault but both at fault. Where I live the insurance companies automatically say the one making a left hand turn is at fault even if the other car was speeding.
But sounds more like merging without yielding than a left hand turn.
But I have yet to see a fair outcome on auto accidents.

You need to stress how ---you tried to avoid her and that she failed to yield to oncoming traffic while making a left turn I know she had plenty of time to see me, I saw her and tried to void the accident, she jut kept on going like I wasn't there.

Quote:

Originally Posted by shygrneyzs

Ummmm... Even though I recently experienced the death of my son's assistance dog by the jaws of another person's dog and I can understand why you were hurrying home - you have NO right to act so irresponsibly. You not only endangered yourself but anyone who was even in driving range of you. You saw a police officer - you could have flagged that officer and said you needed help. Who gave you the authority to drive like a maniac with your emergency flashers on?

Which brings me to the next question - I can understand your wife calling you but why didn't she call animal control or the police department? what were you supposed to do anyways? Get in between two fighting dogs?

Again the light had nothing to do with the accident. There was no driving like a "maniac'' I was driving a bit faster, but I was using caution. I never expected her to plow into my car.. I didn't hit anyone, they hit my car broadside. My home is less than 2 miles from where my wife called me and less than a mile from the accident. I am not asking for personal opinion on if I should have been speeding, but if legally I am at fault for her not yielding to my right of way even if I were going a maximum of 15mph over the speed limit. But no police evidence of speed is notated or proven

Weren't you driving where you had no business driving?

Oh, and what had happened at home with the animals?

As a Police officer for years and worked with the county court in traffic court.

You will be found guilty if you testify to what you just told us. And if the off duty police officer testifys against you, that is all the judge will really hear.

Had you been in the normal driving lane, and did not have your flashers on, just your speeding would not have been normally considered a issue.
Since you were driving in a no drive lane, the perosn turning would have suspected you would be stopping to turn, not driving on.

If you were charged with anything less than reckless driving, you were lucky.

This is for the criminal side of it, now most likely your insurance will just pay them, but if you end up in court for the civil side, they will hold some resonsiblity on the civil side. Remember there are two courts for this, one is the criminal, the other is the civil, the rules for both differ. You can be guilty of the criminal ( traffic) side even if on the civil side they had some responsibility also.

Any person who speeds through traffic with his emergency flashers on - unless he is going to a fire (as in a firefighter) or a detective going to a crime scene, or someone like that who would have the right to do that - is still in the wrong. You were careless and that cost you precious time getting home. Was the other animal already dead when you got home?

And how many other drivers knew you were carefully speeding home in the wrong lane on your way to an emergency? Or did they think something else?

I was eating a Frosty from Wendy's when I read your question, Wondergirl, and nearly spit it out from laughing so hard.

But, very good question!

Quote:

Originally Posted by shygrneyzs

Any person who speeds through traffic with his emergency flashers on - unless he is going to a fire (as in a firefighter) or a detective going to a crime scene, or someone like that who would have the right to do that - is still in the wrong. You were careless and that cost you precious time getting home. Was the other animal already dead when you got home?

I never went speeding through a red light. I stopped at the light with my flashers on. I waited on traffic to clear, and when there was no traffic coming, I proceeded through the light... once again.. the light was no where near the accident.. the accident occurred a bit away, where I was traveling on a highway, and a car pulled out into the highway attempting to turn left, and broadsided my car as I was trying to avoid it. And yes thanks to a d5river not looking both ways and yielding, my animal did die, and suffered in doing so.

Quote:

Originally Posted by Wondergirl

And how many other drivers knew you were carefully speeding home in the wrong lane on your way to an emergency? Or did they think something else?

NEVER WAS I IN THE WRONG LANE...

You cannot blame that other driver. That dog would have died no matter. You know just how fast that death could occur? In less than the time it would normally take you to drive home.

Then explain the "suicide lane" to me. Why is it called that anyway?

Quote:

Originally Posted by leezconfused

before going through the red light

You said you went through the red light.

Quote:

thanks to a d5river not looking both ways and yielding, my animal did die, and suffered in doing so.

No, the animal did not suffer and die because some driver did not look both ways and yield. The animal died for reasons we don't know. Now I'm wondering what kind of a pet owner you are, if your animals kill each other while you're at work.

That other driver hit you because you were in the wrong, UNEXPECTED place.

Makes one wonder, doesn't it? Did he know the animals were combative to each other? Were they leashed at the time of this incident? What was the history of the dogs getting along with each other and what caused this death match? What was he going to do when he got home? Shoot them?

Really from the start of reading your post, common sense told me that you could have never made it home in time to save a dog. Dog fights are over in less than 10 minutes. By the time you left work and started the car it was most likely TOO late.

You may not have been driving on the shoulder of the road and you might have been in the right away with the lane you were driving in but as I said it was your fault for speeding and her fault for not yielding. So the insurance will most likely do a split fault as I said if you are lucky.

At The Light I Stopped And Waited For Traffic To Clear In The Middle Lane.. After Traffic Had Crossed And Was No Longer Coming, But The Light Was Still Red, I Proceeded Through... Still Had Nothing To Do With The Light. You Can Not Even See The Light Where The Accident Occurred.. I Was In The Proper Lane Of Moving Traffic When The Accident Happened I Was Not In The Wrong Place. Speeding A Bit, Yes. I Admit To That, But She Should Have Yielded To Oncoming Traffic. Is That Also Not A Law. And The Pet Owner Statement Was Totally Un Called For.. Thank You. All I Am Inquiring For Is Educated Answers On The Matter Not Defamation.

Quote:

Originally Posted by shygrneyzs

Makes one wonder, doesn't it? Did he know the animals were combative to each other? Were they leashed at the time of this incident? What was the history of the dogs getting along with each other and what caused this death match? What was he going to do when he got home? Shoot them?

I didn't expect all this negativity just looking for help and answers.. and it was not 2 dogs.. a long time family bird had gotten out of his room by someone leaving the door open, and another family pet, a small dog had attacked him. But thanks anyway.. when i remember burying my pet ill also remember your insensitivity. You're a wonderful person..

If you were driving in the suicide lane you were in the "wrong" lane, it was not designed to drive in, and people driving more than about 100 ft are breaking the law driving in it. It is for turning,

It is a turning lane, not a driving lane, it is nicknamed suicide lane because people who drive in it, are considered committing suicide.

You are at fault and so is the other person. But we do not know her statement either. If what you say is totally the truth, then you both are guilty. I don't know who is more guilty. You displayed careless behavior during your ride home.

Quote:

Originally Posted by Fr_Chuck

If you were driving in the sucide lane you were in the "wrong" lane, it was not designed to drive in, and people driving more than about 100 ft are breaking the law driving in it. It is for turning,

It is a turning lane, not a driving lane, it is nicknamed sucide lane because people who drive in it, are considered committing sucide.

I only entered this land before i stopped at the red light and proceeded through it avoiding traffic i moved back into the proper lane in less than 30 feet

Quote:

Originally Posted by leezconfused

At The Light I Stopped And Waited For Traffic To Clear In The Middle Lane.. After Traffic Had Crossed And Was No Longer Coming, But The Light Was Still Red, I Proceeded Through... Still Had Nothing To Do With The Light. You Can Not Even See The Light Where The Accident Occured.. I Was In The Proper Lane Of Moving Traffic When The Accident Happened I Was Not In The Wrong Place. Speeding A Bit, Yes. I Admit To That, But She Should Have Yielded To Oncoming Traffic. Is That Also Not A Law. And The Pet Owner Statement Was Totally Un Called For.. Thank You. All I Am Inquiring For Is Educated Answers On The Matter Not Defamation.

All we read was about how you broke the law (several times) before the other driver hit you. I hope the rest of your life is more responsible than your driving.

Quote:

Originally Posted by shygrneyzs

You are at fault and so is the other person. But we do not know her statement either. If what you say is totally the truth, then you both are guilty. I don't know who is more guilty. You displayed careless behavior during your ride home.

I agree to some fault in the accident.. but as of right now I am charged 100% at fault. My question to begin with am I at fault? I have never been in an accident before and definitely not of this magnitude.. I'm only looking for credible answers.. for both sides mine and the other drivers.. would the accident have happened if I were not speeding? NO. would the accident have happened if the other driver yielded to oncoming traffic? NO. I just wonder which party is going to be majority at fault in court.

Quote:

Originally Posted by Wondergirl

All we read was about how you broke the law (several times) before the other driver hit you. I hope the rest of your life is more responsible than your driving.

Several by the stopping at the red light in the "suicide" lane and proceeding through when traffic had cleared. WHICH CONTRIBUTED TO NO ACCIDENT, and by driving 15mph over the limit? Most driver travel at that rate of speed in any case... if you don't believe that check your spedometer from time to time when you pass others, or they pass you.

I would say you will be the one. Does your state recognize no-fault when it comes to accidents like that since both of you share responsibility?

Also, you cannot use other driver's driving patterns as a standard for your own. You have the standard of the law and not to go below that. So hope you do not plan on that as a defense.

Quote:

Originally Posted by shygrneyzs

I would say you will be the one. Does your state recognize no-fault when it comes to accidents like that since both of you share responsibility?

I'm not sure, nor am I sure how to find out. My lawyer is out of town until Monday.

Quote:

Originally Posted by shygrneyzs

I would say you will be the one. Does your state recognize no-fault when it comes to accidents like that since both of you share responsibility?

Also, you cannot use other driver's driving patterns as a standard for your own. You have the standard of the law and not to go below that. So hope you do not plan on that as a defense.

My defense will only be that she hit my while failing to yield to the right of way to all incoming traffic, not just me. I was never charged with speeding, there was no evidence so legally I am not sure how it will play out.. which is why I am here getting grilled...

Quote:

if you don't believe that check your spedometer from time to time when you pass others, or they pass you.

I rarely pass anyone. Most of them are going 15-20 mph over the limit already. I am often passed by people who beat me to the light by five seconds and then sit there.

I worked for State Farm long enough to hear many stories like yours. Are the insurance claims adjustors hashing this out? The five adjustors I used to work for took recorded statements from our insureds and from the other drivers. Often medical problems popped up after accidents. Did you both have seat belts on? Has she claimed any injury yet? Did she have any passengers?

So if you were not charged with speeding, what were you charged with? You admitted you were speeding and an officer said you were.

Is there a police report?

Quote:

Originally Posted by shygrneyzs

So if you were not charged with speeding, what were you charged with? You admitted you were speeding and an officer said you were.

I told the officer I was not sure of my speed, but I know for a fact I never exceeded 60mph. In a 45mph zone. They can not estimate my speed to be more than 60mph or even that fast through investigation of the scene. Nor was I charged with the red light. I was charged with reckless driving which is a standard ticket in South Carolina for being found at fault in an accident

Quote:

Originally Posted by Wondergirl

I rarely pass anyone. Most of them are going 15-20 mph over the limit already. I am often passed by people who beat me to the light by five seconds and then sit there.

I worked for State Farm long enough to hear many stories like yours. Are the insurance claims adjustors hashing this out? The five adjustors I used to work for took recorded statements from our insureds and from the other drivers. Often medical problems popped up after accidents. Did you both have seat belts on? Has she claimed any injury yet? Did she have any passengers?

Both the other driver and myself are OK, thank goodness. Both of us were wearinf seat belts, and my bags deployed

What did the police report say about vehicle damage and costs? That part of the report says something about your speed too.

Do both you and the other driver have insurance? Current drivers licenses?

Quote:

Originally Posted by Fr_Chuck

First your flashers on is a joke, please don't expect that to be a defense, they are to be used when you are parked not driving.

Next you were driving in a middle lane, not in the actual road. You are suppose to always be parked there waiting to turn.

You are so at fault your best deal to get a attorney and work out a plea or something,

Oncomming traffic is not in a turn lane, they would have expected you to be turning in the lane you were driving.
and with a police officer testifing against you, you don't have a prayer in court.

None of this has anything to do with the accident itself? Why do you keep saying I was driving in an unauthorized lane? Regardless the OFF duty cop saw me stop at a red light and proceed through after traffic had cleared when the light was still red... nothing else

Quote:

Originally Posted by Wondergirl

What did the police report say about vehicle damage and costs? That part of the report says something about your speed too.

Do both you and the other driver have insurance? current drivers licenses?

Nothing about speed.. but yes both licensed and insured.. all the report sais is where when and who

Quote:

Originally Posted by leezconfused

nothing about speed.. but yes both licensed and insured.. all the report sais is where when and who

I meant the amount of damage tells about your speed at the time of the collision. So there was no police estimate of damage?