Ask Me Help Desk - Car accident whose fault?

Car A was making a right turn headed north out of a 2 lane road (one in each direction) after stopped at a stop sign. Car B was coming (also headed north). After Car A was turned to the road and just drove about 5 to 10 meters, Car B couldn't stop immediately. Car B tried to avoid accident and go between the middle lane(middle lane where is for cars making turns) and the right lane(where Car A is) instead of hit directly to Car A. There were some cars waiting for make turns in the middle lane, so Car B's front passenger door rubbed Car A's left side front bumper because there is no room for car B go between these two lane. In this case, whose fault?

If you don't understand, please let me know. I am not a native speaker.

Quote:

Originally Posted by simonyam

Car A was making a right turn headed north out of a 2 lane road (one in each direction) after stopped at a stop sign. Car B was coming (also headed north). After Car A was turned to the road and just drove about 5 to 10 meters, Car B couldn't stop immediately. Car B tried to avoid accident and go between the middle lane(middle lane where is for cars making turns) and the right lane(where Car A is) instead of hit directly to Car A. There were some cars waiting for make turns in the middle lane, so Car B's front passenger door rubbed Car A's left side front bumper because there is no room for car B go between these two lane. In this case, whose fault?

If you don't understand, please let me know. I am not a native speaker.

Let's see - I'm in the US (and judging by your using meters I would guess you are not) but that doesn't really matter. Do I have this right?

Street A is 3 lanes wide - one in each direction and a center turning lane.

Vehicle 1 is Northbound on Street A, stops at stop sign, turns right. He is now driving Eastbound on Street B. He drives 5 to 10 yards (15 to 30 feet, 5 to 10 meters) on Street B.

Vehicle 2 is (also) Northbound on Street A, cannot stop in time to avoid striking Vehicle 1. He swerves into the center turning lane of Street B but Vehicle 2 hits Vehicle 1 in the driver's side (left) front bumper with the front passenger door of Vehicle 2. (It's difficult to strike someone with your side door unless you are driving sideways at the time but I know what you mean.)

If I have the facts straight I don't know how anyone BUT Vehicle 2 can be responsible. I see nothing Vehicle 1 did that was negligent. Vehicle 2 did not have his/her vehicle under control. If Vehicle 2 had hit someone in that turning lane Vehicle 2 would have been totally responsible. Should Vehicle 1 have seen Vehicle 2 attempting to get around him, coming from the turning lane? Possibly. Could he have avoided the accident? Possibly. Was he negligent? In my opinion, no. You can't expect people to be pulling around you in what is technically a no passing zone.

Do I have it right? I must admit I'm a little confused about how many lanes wide Street B is and whether the accident happened on Street A or B.

Quote:

Originally Posted by JudyKayTee

Let's see - I'm in the US (and judging by your using meters I would guess you are not) but that doesn't really matter. Do I have this right?

Street A is 3 lanes wide - one in each direction and a center turning lane.

Vehicle 1 is Northbound on Street A, stops at stop sign, turns right. He is now driving Eastbound on Street B. He drives 5 to 10 yards (15 to 30 feet, 5 to 10 meters) on Street B.

Vehicle 2 is (also) Northbound on Street A, cannot stop in time to avoid striking Vehicle 1. He swerves into the center turning lane of Street B but Vehicle 2 hits Vehicle 1 in the driver's side (left) front bumper with the front passenger door of Vehicle 2. (It's difficult to strike someone with your side door unless you are driving sideways at the time but I know what you mean.)

If I have the facts straight I don't know how anyone BUT Vehicle 2 can be responsible. I see nothing Vehicle 1 did that was negligent. Vehicle 2 did not have his/her vehicle under control. If Vehicle 2 had hit someone in that turning lane Vehicle 2 would have been totally responsible. Should Vehicle 1 have seen Vehicle 2 attempting to get around him, coming from the turning lane? Possibly. Could he have avoided the accident? Possibly. Was he negligent? In my opinion, no. You can't expect people to be pulling around you in what is technically a no passing zone.

Do I have it right? I must admit I'm a little confused about how many lanes wide Street B is and whether the accident happened on Street A or B.

I am sorry that I make you confusing. I am from Hong Kong and just came to US for a year.
I try to say it again.

There is a three lane road (including the middle lane which is for cars making turns)
Assume that Car A is on street A and Car B is on street B.( imagine there is a T shape intersection) ( the cross road — we call it street B and the straight road | we call it street A)

Car A turned from street A | to street B — after stopped at a stop sign when Car B is coming along street B.

After Car A drove on street B for 5 to 10 yards, Car B couldn't stop immediately and tried to avoid accident and go between the middle lane and the right lane( where car A is on) instead of hit directly to Car A.

There were some cars waiting for make turns in the middle lane, so Car B's front passenger door rubbed Car A's left side front bumper because there is no room for car B go between these two lane. In this case, whose fault?

At this point, will you say because Car A didn't look at the traffic before making turns, so Car A is fault? Or drive too slow?

Actually, I am the driver of Car A.

Car B. It was either following too closely or didn't stop in time.

Quote:

Originally Posted by simonyam

I am sorry that I make you confusing.
I try to say it again.

There is a three lane road (including the middle lane which is for cars making turns)
Assume that Car A is on street A and Car B is on street B.( imagine there is a T shape intersection) ( the cross road — we call it street B and the straight road | we call it street A)

Car A turned from street A | to street B — after stopped at a stop sign when Car B is coming along street B.

After Car A drove on street B for 5 to 10 yards, Car B couldn't stop immediately and tried to avoid accident and go between the middle lane and the right lane( where car A is on) instead of hit directly to Car A.

There were some cars waiting for make turns in the middle lane, so Car B's front passenger door rubbed Car A's left side front bumper because there is no room for car B go between these two lane. In this case, whose fault?

At this point, will you say because Car A didn't look at the traffic before making turns, so Car A is fault? or drive too slow?

Actually, I am the driver of Car A.

Okay - sorry to make you explain it all over again! Now I've got it.

I don't have good news for you - at least in NYS or in the accidents I've investigated. Car A (which made the turn and drove 5 to 10 yards before being struck) turned when it was not safe. Car B MIGHT have some contributory negligence if he were speeding, ran a stop sign, but Car A drove a very short distance before being struck so I believe it goes back to A pulling out in front of Car B. If you had gone some distance I would say Car B had more responsibility but as you tell it you barely cleared the intersection and, therefore, pulled out in front of him.

Quote:

Originally Posted by Emland

Car B. It was either following too closely or didn't stop in time.

Disagree - Car A turned the corner from Street 1 to Street 2 and was struck on Street 2 by Car B, already traveling on Street 2.

Car A pulled out too close in front of Car B.

Or am I seeing this wrong?

Car A's fault, shouldn't have turned in front of car B

I just tried to look at the map, and I think there is about 80 to 100 feets when the accident occurred. Would it help.. Is the distance still too short? The speed limit of Street B is 45 miles/ per hr. When I look at him at the stop sign, his car is about 300 feets away from my car. It's about 400 feet for him to slow down or stop the car.

I must have read it wrong. I thought Car B was behind Car A.

Quote:

Originally Posted by JudyKayTee

Okay - sorry to make you explain it all over again! Now I've got it.

I don't have good news for you - at least in NYS or in the accidents I've investigated. Car A (which made the turn and drove 5 to 10 yards before being struck) turned when it was not safe. Car B MIGHT have some contributory negligence if he were speeding, ran a stop sign, but Car A drove a very short distance before being struck so I believe it goes back to A pulling out in front of Car B. If you had gone some distance I would say Car B had more responsibility but as you tell it you barely cleared the intersection and, therefore, pulled out in front of him.

I just look at the map and measure the actual distance.
I drove about 100 feets when the accident occurred. Would it help..
The speed limit of the road is 45 miles/hr( I think he drive faster than that but I won't get the answer)
When I stopped at the stop sign, Car B is about 300 feets away from my car. He had a total of 400 feets to stop the car.

Quote:

Originally Posted by simonyam

I just look at the map and measure the actual distance.
I drove about 100 feets when the accident occured. Would it help..?
The speed limit of the road is 45 miles/hr( I think he drive faster than that but I won't get the answer)
When I stopped at the stop sign, Car B is about 300 feets away from my car. He had a total of 400 feets to stop the car.

At 45 miles an hour it will take him 45 minutes to travel 5,280 feet (the # of feet in a mile). He is traveling 117.33 feet per minute. (To verify - 117.33 feet per minute times 45 minutes = 5,279.8 feet).

I use a stopping distance at 40 mph to be 35 to 40 feet time to realize there is a problem and react and between 110 and 120 feet to stop (in good weather). I think these are pretty middle of the road figures.

If I am right he was on a through street and not expecting you to pull out - I would be very thankful he didn't rear end me at 45 mph and pay for the damages.

If you want to make an argument that he was 300 feet away when you pulled out and then drove another 100 feet before hitting you, give it a try.

I'm confused because originally he hit you 5 to 10 meters from the corner and suddenly it's 300 feet. Usually - by the way - the first version I hear of an accident is the true version because it's given before the parties have time to rationalize. Same with emergency rooms - usually what you say when brought in is what happened.

Not saying that is the case here but you changed material circumstances upon hearing my opinion.

Judy is 100% right; you pulled out in front of traffic. It doesn't matter how fast Car B may or may not have been traveling. You already admitted that you didn't look to see if anyone was coming. This one is your fault, unfortunately.