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  1. #1
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    Feb 2012
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    Default Pulled Out Onto Busy Road

    My question involves a traffic accident in the State of: Georgia

    Hello...I am not sure I am posting this in the correct forum as there was no damage to either vehicle but I couldn't find any other forum to post so here goes....I was pulling out onto a busy four lane road and a motorcycle came from the right(I was trying to turn left) and never did stop in the middle lane and by the time I realized he was coming I was maybe 3 feet past the stop sign. He slammed on his brakes and stood up( never fell to the ground) and laid his bike down. I got out and helped him with his bike up off the road and said i needed to move my truck out of the way of people behind me so they could proceed and he told me that I couldn't move and proceeded to cuss me so I got in my truck and left. Am I in the wrong here? No one was hurt nor was there an "accident". I would also like to add that the man on the motorcycle was standing on two feet by the time the bike was on the ground..he never did fall and in no way was injured.

  2. #2
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    Sep 2005
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    Default Re: Pulled Out Onto Busy Road

    If there was no accident and nobody is claiming an injury or property damage, no police were summoned and no tickets were issued, what's the issue? You want to know if you are at fault for not causing an accident?

    Are you asking about whether you can be cited for leaving the scene of an accident, assuming the other driver called the police?

  3. #3
    Join Date
    Feb 2012
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    7

    Default Re: Pulled Out Onto Busy Road

    That is my exact thought...there was no accident so I don't understand why the man wanted me to stay there. The only reason he could have wanted me to stay there is so that he could call the cops but when he got angry and thought he was going to force me to stay I left. I guess my question is was I wrong for leaving? He made it seem as if I caused him bodily injury and there was an accident to report. I guess I should add that as soon as I helped him with getting his motorcycle up and off of the road he told me that I could NOT move even to let cars behind me by. He wanted to call and make an accident report I am assuming so I just left...there was no "accident" except for the fact that he bailed off his bike and let it fall to the ground.

  4. #4
    Join Date
    Jul 2010
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    3,828

    Default Re: Pulled Out Onto Busy Road

    You caused him to lay down his bike, most likely causing some damage to it, which would be interpreted as causing an accident. Further you are at fault because it sounds, from your description, as if you were turning from a stop onto a road without a stop. That's failing to yield the right of way to the motorcycle. You leaving the scene of an accident is a violation of GA's hit & run statute. He can make a report, and if he got your plate #, you can expect a visit/call from the jurisdiction where the accident occurred.

  5. #5
    Join Date
    Sep 2011
    Location
    Oklahoma
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    232

    Default Re: Pulled Out Onto Busy Road

    Quote Quoting free9man
    View Post
    You caused him to lay down his bike, most likely causing some damage to it, which would be interpreted as causing an accident. Further you are at fault because it sounds, from your description, as if you were turning from a stop onto a road without a stop. That's failing to yield the right of way to the motorcycle. You leaving the scene of an accident is a violation of GA's hit & run statute. He can make a report, and if he got your plate #, you can expect a visit/call from the jurisdiction where the accident occurred.
    I don't know anything about GA statutes, but this sounds about right. In my state, it would basically be a hit & run. I hope he got your plate.

  6. #6
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    Jan 2012
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    Default Re: Pulled Out Onto Busy Road

    Yeah, just because the vehicles did not actually collide does not mean that there was no "accident" or that you were not responsible for the crash. You failed to yield and the motorcycle driver had the choice to either lay the bike down or go flying over your hood. From your description, he sounds like an experienced rider and made the right choice. However, there is no way that that bike went down without suffering damage...damage that you are responsible for even if the bike never touched your car. I don't doubt that he was pissed and cussed at you. Your inattention could have seriously injured him. But, that doesn't excuse you from your obligations when involved in a crash.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  7. #7
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    Feb 2012
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    Default Re: Pulled Out Onto Busy Road

    Let me clear a few things up here. I was at a COMPLETE stop at the stop sign. after looking both ways 3-4 times for a gap to pull out, the motorcycle came flying out of no where, no blinker. Also, I never had to put my truck in reverse to pull off the road. Im assuming he thought I wasnt going to stop and slammed his brakes.

  8. #8
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    Default Re: Pulled Out Onto Busy Road

    He didn't come out of nowhere. He came down the street on which he apparently had right-of-way. The fact that you didn't see him doesn't mean he wasn't there.

    Why would he be using a 'blinker' - you were the one who was turning.
    Quote Quoting § 40-6-270. Hit and run; duty of driver to stop at or return to scene of accident
    (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

    (1) Give his or her name and address and the registration number of the vehicle he or she is driving;

    (2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;

    (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

    (4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

    The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.
    (b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

    (c)

    (1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

    (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

    (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

    (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.
    (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.

    (3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
    (d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.

  9. #9
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    Jan 2012
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    Default Re: Pulled Out Onto Busy Road

    Quote Quoting sega223
    View Post
    Let me clear a few things up here. I was at a COMPLETE stop at the stop sign.
    Ok. But, that is only ONE of your obligations at a stop sign. You are also required to yield to all oncoming traffic before entering into the intersection.

    Quote Quoting sega223
    View Post
    after looking both ways 3-4 times for a gap to pull out, the motorcycle came flying out of no where, no blinker.
    I really don't mean to be insulting, but I doubt that any judge is going to buy the "Scotty beamed it down from the Enterprise" defense. And, I also do not understand what relevance him using a blinker or not has.

    Quote Quoting sega223
    View Post
    Also, I never had to put my truck in reverse to pull off the road.
    I really don't know what relevance you think this has.

    Quote Quoting sega223
    View Post
    Im assuming he thought I wasn't going to stop and slammed his brakes.
    He didn't assume that you weren't going to stop. He didn't assume anything. He saw that you entered into the intersection in front of him. Remember when you said...

    Quote Quoting sega223
    View Post
    by the time I realized he was coming I was maybe 3 feet past the stop sign.
    ?
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  10. #10
    Join Date
    Feb 2012
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    7

    Default Re: Pulled Out Onto Busy Road

    3 feet past the stop sign wouldnt be in the road I woouldnt think. Maybe Im wrong, all Im saying is I didnt have to back my truck up to get off of the road way. He was making a turn onto the road I was on as I was trying to get out. It was busy. It was a motorcycle. I thought you had to use a blinker even if there is a turning lane. Maybe im wrong. Seems so...As to the relevence of me not having to back my truck up I really didnt pull out into on coming traffic. He thought I wasn't going to stop before pulling out onto the roadway is what I am going to assume because I never really was out into on coming traffic.
    But yes 3 feet past the stop sign is too far to be stopped at stopsign.

    If you don't mean to be insulting, don't be!

    I guess it thi is a my word against his. Becuase there was no actual "collision" I didn't think this qualified as an accident. Obviously, there will be no agreement here. Thank you for putting time into responding to my question.

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