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  1. #1
    Join Date
    Feb 2009
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    19

    Default Fault in a Sideswipe Accident

    My question involves an accident that occurred in the state of: MD

    So yesterday I was driving and was side swiped by another driver. The whole side of the car is damaged and i cant really open or close the drivers side door. Its damaged end to end. As soon as it occurred, I got out of the car, and so did the other driver. He apologized but said he was in a hurry and would give me his name and insurance info. I got his name and phone (he mixed 2 numbers up... but we managed to decipher it) and address, I then said we should call the police and he kept saying he was in a hurry and didn't have time to wait. I asked him if we could at least pull into the nearby parking lot in the next alley so we could finish exchanging info, he agreed. I pull into the lot but he kept going down the alley. To make matters worse, my phone wasn't working and this car belongs to my boss. I was driving her child to an after school activity. I walked to an espresso bar and called my boss.

    Last night after trying to decipher his phone number we finally got ahold of him, hes claiming it was me who hit him and I drove off (i had another kid in the car who can tell anyone that i did not drive off). When we called, he said he had to call back with his insurance info because he couldn't find the card (I wonder if he doesn't have any....) Anyway this dude already has strikes on him already I believe...1) driving off and 2) giving me the wrong phone number.

    heres some diagrams:






  2. #2
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    Jan 2010
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    North East
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    Default Re: Who Was at Fault Here Was This a Hit and Run

    It looks to me that you are at-fault for the accident as you were in the center lane that is directing you to bear left and you made a hard left, colliding into another vehicle in the left lane that was in a lane designated to ether make a hard left or to bear left.

    The traffic signs tell me:

    Left lane is designated for a hard left turn or to bear left.
    The center lane is a bear left only lane.
    The right lane is a lane that you could bear left or bear right and a hard right hand turn is prohibited as that street is a one way street and you cannot enter it.

    Sounds like you hit an uninsured driver, this still doesn't make the other driver at-fault for the accident thou.

  3. #3
    Join Date
    Sep 2011
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    OH10
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    13,377

    Default Re: Who Was at Fault Here Was This a Hit and Run

    So you can't prove who hit who and you left the scene of an accident. I bet your boss is just a lovin you. You need to report it to her insurance. They will likely deny anything, absent a police report. If you make a police report, you may both be cited for leaving the scene.

  4. #4
    Join Date
    Feb 2009
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    19

    Default Re: Who Was at Fault Here Was This a Hit and Run

    Quote Quoting Who'sThatGuy
    View Post
    It looks to me that you are at-fault for the accident as you were in the center lane that is directing you to bear left and you made a hard left, colliding into another vehicle in the left lane that was in a lane designated to ether make a hard left or to bear left.

    The traffic signs tell me:

    Left lane is designated for a hard left turn or to bear left.
    The center lane is a bear left only lane.
    The right lane is a lane that you could bear left or bear right and a hard right hand turn is prohibited as that street is a one way street and you cannot enter it.

    Sounds like you hit an uninsured driver, this still doesn't make the other driver at-fault for the accident thou.
    Just a question though... say it does mean I can only make a hard left in that left hand land, why would he be turning all the way into the 3rd lane. legally shouldnt he have to turn into the closest lane to him AKA the farthest left lane?

  5. #5
    Join Date
    Sep 2005
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    72,996

    Default Re: Fault in a Sideswipe Accident

    Per statute,
    Quote Quoting Maryland Transportation Code § 20-103. Driver to remain at scene - Accidents resulting only in damage to attended vehicle or property.
    (a) Stopping vehicle at scene of accident. - The driver of each vehicle involved in an accident that results only in damage to an attended vehicle or other attended property immediately shall stop the vehicle as close as possible to the scene of the accident, without obstructing traffic more than necessary.

    (b) Returning to scene of accident. - The driver of each vehicle involved in an accident that results only in damage to an attended vehicle or other attended property shall return to and remain at the scene of the accident until he has complied with § 20-104 of this title.
    Quote Quoting Maryland Transportation Code § 20-104. Duty to give information and render aid
    (a) Rendering assistance. - The driver of each vehicle involved in an accident that results in bodily injury to or death of any person or in damage to an attended vehicle or other attended property shall render reasonable assistance to any person injured in the accident and, if the person requests medical treatment or it is apparent that medical treatment is necessary, arrange for the transportation of the person to a physician, surgeon, or hospital for medical treatment.

    (b) Duty to give certain information. - The driver of each vehicle involved in an accident that results in bodily injury to or death of any person or in damage to an attended vehicle or other attended property shall give his name, his address, and the registration number of the vehicle he is driving and, on request, exhibit his license to drive, if it is available, to:

    (1) Any person injured in the accident; and

    (2) The driver, occupant of, or person attending any vehicle or other property damaged in the accident.
    (c) Exhibiting license. - The driver of each vehicle involved in an accident that results in bodily injury to or death of any person or in damage to an attended vehicle or other attended property shall give the same information described in subsection (b) of this section and, on request, exhibit his license to drive, if it is available, to any police officer who is at the scene of or otherwise is investigating the accident.

    (d) If no one able to receive information. - If a police officer is not present and none of the specified persons is in condition to receive the information to which the person otherwise would be entitled under this section, the driver, after fulfilling to the extent possible every other requirement of § 20-102 of this title and subsection (a) of this section, immediately shall report the accident to the nearest office of an authorized police authority and give the information specified in subsection (b) of this section.
    From what you've shared, it would not appear to be a hit-and-run accident as you stopped and exchanged information and no police officer was called to the scene.

    You can try making a police report now, as that may help with any insurance claim your boss has to make.

  6. #6
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    Default Re: Who Was at Fault Here Was This a Hit and Run

    Quote Quoting bigcitygirl
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    Just a question though... say it does mean I can only make a hard left in that left hand land, why would he be turning all the way into the 3rd lane. legally shouldnt he have to turn into the closest lane to him AKA the farthest left lane?
    Yes, that is correct. Let's just say that the two left hand lanes could make a left hand turn and that there was a car in each of the lanes designated to turn left.

    The driver in the farthest left hand lane would have to finish his turn in the farthest left hand lane and once he completed the turn he would have to use a turn signal to move over to his right. The same would apply to the driver in the other left hand turn lane if they were to want to get over to the left side of the street they were turning on to.

    But you do know that isn't the case here?

  7. #7
    Join Date
    Jan 2006
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    27,024

    Default Re: Who Was at Fault Here Was This a Hit and Run

    Quote Quoting Who'sThatGuy
    View Post
    Yes, that is correct. Let's just say that the two left hand lanes could make a left hand turn and that there was a car in each of the lanes designated to turn left.
    http://maps.google.com/maps?q=the+pe...2,,0,0.69&z=20
    You must be looking at a different intersection than I am. There are 4 lanes heading south. Left lane is left turn or bear left. next lane is bear left only. next lane is bear left or right. next lane (right most) is bear right only.


    From what I can see, ONLY the left lane can actually turn left. That lane can also bear left into the left side of the Y you are faced with. The are directed to enter the left lane of that left Y The second (from left) lane can ONLY bear left.

    If OP was attempting to turn left at that intersection, OP is at fault. If OP attempted to change lanes (there are lane lines that direct you through the intersection into the center lane of the left leg of the "Y") and OP attempted to enter any other lane, OP is at fault.

    The only way I can see the other driver being at fault would be if he attempted to move into a lane to the right, which was occupied by the OP.

  8. #8
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    Default Re: Who Was at Fault Here Was This a Hit and Run

    Quote Quoting jk
    View Post
    http://maps.google.com/maps?q=the+pe...2,,0,0.69&z=20
    You must be looking at a different intersection than I am. There are 4 lanes heading south. Left lane is left turn or bear left. next lane is bear left only. next lane is bear left or right. next lane (right most) is bear right only.


    From what I can see, ONLY the left lane can actually turn left. That lane can also bear left into the left side of the Y you are faced with. The are directed to enter the left lane of that left Y The second (from left) lane can ONLY bear left.

    If OP was attempting to turn left at that intersection, OP is at fault. If OP attempted to change lanes (there are lane lines that direct you through the intersection into the center lane of the left leg of the "Y") and OP attempted to enter any other lane, OP is at fault.

    The only way I can see the other driver being at fault would be if he attempted to move into a lane to the right, which was occupied by the OP.
    Nope, I'm looking at the same intersection it's just that the picture that the OP posted didn't show that 4th lane, it only showed 3.

    In my last post the OP and I were just hypothetically speaking if the lane she was in and the lane on her left were both allowed to make that hard left hand turn, would it be the other drivers fault if he were to make the hard left and move over 2 lanes to his right while still completing the turn.

  9. #9
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    Jan 2006
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    Default Re: Who Was at Fault Here Was This a Hit and Run

    Quote Quoting Who'sThatGuy
    View Post
    Nope, I'm looking at the same intersection it's just that the picture that the OP posted didn't show that 4th lane, it only showed 3.

    In my last post the OP and I were just hypothetically speaking if the lane she was in and the lane on her left were both allowed to make that hard left hand turn, would it be the other drivers fault if he were to make the hard left and move over 2 lanes to his right while still completing the turn.
    Ah, since the pics don't show up now, I had to resort to a bit of sleuthing and find it on Google maps on my own.

    as to the hypothetical: intersections I have found that allow two turn lanes like that always have lane indicators directing you to which lane you must turn into. Barring the presence of lane lines, I would think it be a toss up if they both went for the center lane of a 3 lane road they were turning into. The person on the right would have full ROW to the far right lane. The person on the left would have full ROW to the far left lane. Since neither would actually have ROW concerning the center lane, I would think it would be considered a mutual fault situation.

  10. #10
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    Default Re: Who Was at Fault Here Was This a Hit and Run

    Quote Quoting jk
    View Post
    Ah, since the pics don't show up now, I had to resort to a bit of sleuthing and find it on Google maps on my own.
    Well then your good, because I wouldn't of even tried to find it on google maps, and if I did try, I'm not sure I could find it. lol

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