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postman77 · May 26, 2009, 01:00 AM

So I am a postman and was in an accident while in my postal truck. The scene- I was exiting a business park next to a school letting out. I was trying to get across 3 lanes of traffic and turn left into the middle turn lane. The first lane is completely stopped because it is the line of cars picking up their kids from school. They left gaps as to not block the exits of the business park. So I pull out into the first lane. The second lane has oncoming traffic and a car sees me and stops to let me in. I pull into that lane. Each time checking before I pull up. I check to pull into the third lane see room and proceed into that lane. The nose of my truck is in the middle turn lane when I am struck by a car. The damage to my vehicle was behind my front tire. Question- I've heard that if the impact is behind the front tire then it is the other drivers fault. Is this true? If so, can anyone site where I can find that.

excon · May 26, 2009, 05:51 AM

Originally Posted by postman77

i've heard that if the impact is behind the front tire then it is the other drivers fault. is this true?

Hello postman:

No, it's not true. What IS true is that if you were required to yield, then you can't enter the street unless there's NO traffic. The fact that someone hit you PROVES that there was traffic. You lose.

excon

nikosmom · May 26, 2009, 07:37 AM

The only way you couldn't be at fault is if you "owned" the intersection. So if you'd mostly crossed the lane and the other car clipped your rear before you finished crossing, then you could not be found at fault.

But here, it sounds like you were at fault given the way your vehicle was struck. Even when people let you into traffic, you are still responsible for deciding whether to proceed. So as ex said, here you lose.

JudyKayTee · May 26, 2009, 09:18 AM

Absolutely not true that where you are struck determines who had the right of way, who was responsible. The only thing I see here in your favor is how much response time the other driver had, what attempts were made to avoid you. The fact that you did not have the right of way does not give the other driver the right to drive into you.

postman77 · May 27, 2009, 12:57 AM

What is considered "owning" the intersection. The scene- exiting a business park trying to turn left across 3 lanes of traffic to the middle turn lane. First 2 lanes are stopped to let me pass. I'm in the third when I am struck by another vehicle. If I am completely in that persons lane, actually a little bit in middle turn lane. Do I own the intersection. And what bering would it have if I was in an emergency vehicle(postal truck with flashers)?

JudyKayTee · May 27, 2009, 05:16 AM

This has already been answered on another thread. Please don't keep posting the same quesiton. You won't get different answers.

As far as owning the intersection - it's a phrase used mostly for left turn situations when you are under the light when it changes to red and you are able to complete your turn (even though you have the red light) because you have the intersection blocked and owned it.

As has been explained to you - you pulled out without the right of way. It doesn't matter how many lanes you made it across before you got hit. You pulled into traffic which had the right of way and you were hit.

The only defense you have that I see here is if someone WAVED you out, indicating that the way was clear, and it was not. Then you have an action against the person who waved you out.

By the way, people, waving somebody out into traffic is a dangerous practice because you can have some responsibility - no problem stopping to let someone out and then they make the call whether it's safe but waving them out? Not smart.

excon · May 27, 2009, 05:59 AM

Hello again, mailman:

If you were entering the street from a business park, you weren't even in an intersection. You were just entering a street where you needed to yeld the right of way, and you didn't.

Let me ask you this. How did you get a job driving a postal truck WITHOUT knowing THIS very basic driving question?

excon

Fr_Chuck · May 27, 2009, 07:03 AM

This is simple, you are at fault, there is no such rule as to where the impact is. The other car had the right of way and you can not enter the lane unless it is safe to do so. They could have hit you at the rear tire and you are still at fault. ** years of accident investigation