[tgreen1012]

I made a left turn (to enter a parking lot) in front of an RTS bus (big bus) that was stopped to let me go by, someone passed the bus on the right side (in no designated lane) and hit me.

[ScottGem]

So the bus was stopped on a one lane road and a car passed it on the right in the shoulder and hit you?

Was a police report done? But in any case, I can't see how you were at fault. The other driver was illegally passing. The bus driver should be an easy witness.

Is there a problem with insurance coverage?

[JudyKayTee]

Where? I'm a liability investigator in NY. You turned when it wasn't safe to do so you are partially at fault. Your particular problem is that I would "guess" you couldn't see around or past the bus due to its size and turned "blind."

IF the other car was passing on the shoulder, that vehicle is partially at fault.

IF the bus WAVED YOU ON - not stopped, WAVED YOU ON - the bus driver AND company are partially at fault.

I will add a note - if you want to be held liable for an accident, stop in traffic and wave someone to turn. Your wave can and usually is interpreted as a signal that the turn is safe. Just stop, don't wave, if you feel compelled to do so.

[ScottGem]

Judy, I'm curious as to how the OP made an unsafe turn when traffic was stopped to let him turn. I am assuming here that there was a stop sign to cover the intersection and that the OP was stopped signalling a left. The bus then stopped to let the waiting car make the turn.

Now, if there was no traffic control (i.e. Stop sign), that could present a different story. But I still wonder how much fault could be applied, if the other driver was illegally passing the bus.

[JudyKayTee]

Scott, I'm on the road so I'll answer in depth later BUT the phrase "stopped to let me go by" indicated to me that there was no traffic control - or else OP "probably" would have said that he/she had the right of way.

Of course, putting the scenario together is why I have a job. I start with what I'm told and then work my way (hopefully) to what happened!

- But more about "how it works," what I look for later.

[JudyKayTee]

Judy, I'm curious as to how the OP made an unsafe turn when traffic was stopped to let him turn. I am assuming here that there was a stop sign to cover the intersection and that the OP was stopped signalling a left. The bus then stopped to let the waiting car make the turn.

Now, if there was no traffic control (i.e. Stop sign), that could present a different story. But I still wonder how much fault could be applied, if the other driver was illegally passing the bus.

Traffic stopped. That we know. Was it safe? That's the decision OP had to make. If I stop in the passing lane, for example, in order for you to make a left-hand turn in front of me and you get hit in the curb lane - you didn't use due caution and suddenly an investigator is at your door asking questions. If you waved the person on... you have a bigger problem. The legal argument is that you "assumed" the turn was safe and you "assumed" that traffic in the curb lane would stop - both bad assumptions.

Of course if you are correct in this scenario and there's a stop sign on BOTH sides, bus stops, OP turns and gets hit - well, then the driver of the other car is responsible. Then I would need to determine if other vehicle was, in fact, driving off the road (on the far side of the fog line, whatever the road marking is).

When I answer questions about accidents I am speaking from the prospective of a liability/Plaintiff investigator. I do very little "defense"/Defendant personal injury work.

An insurance investigator or adjuster (trying to protect a company) may very well have a very different view of the accident.

My job is to find out what happened so the Attorney doesn't go to Court and look foolish. I get paid win, lose or draw. I'm just a fact finder - when it comes to pi work.