Hit a Car After Being Waved Across

[randy86]

My question involves a traffic accident in the State of: Illinois
I was traveling east on a street when i stopped and signaled to turn left into a gas station. The car traveling west gave me permission to go ahead and turn infront of them. As I made my turn infront of the car that was traveling west and another car traveling west in a bus lane slammed into my car! Who is responsible for this accident?

[Mr. Knowitall]

From what you have told us so far, you are at fault. The only "permission" another driver can give you relates to that driver's own car, not another car with right of way.

[randy86]

Even if the other car was driving in an improper lane

[jk]

Even if the other car was driving in an improper lane

yes. You are required to assure there is a safe path to cross the road. You didn't.

[randy86]

Thank you I just find it hard to accept especially when the person who hit me was issued tickets for speeding and improper lane usage. I guess thats how things are.

[cbg]

The fact that the person who hit you was cited for doing something improper does not automatically mean that all of your actions were proper.

[randy86]

I just don't understand how it's 80% my fault for making a legal left turn and not being able see someone driving in a bus lane and 20% her fault for 1. Speeding 2. Driving in an improper lane... No traffic tickets for me and two for her

[jk]

You didn't make a legal left turn. It would only be legal if it hadn't caused an accident.


so, riddle me this:

if you had not turned would there have been an accident? no

if the other car was travelling in the same direction but in a proper lane, would there have been an accident? quite possibly
if they were not speeding, would there have been an accident? quite possibly

so, your action of crossing a traffic lane is the real reason there was an accident.

who attributed 80% fault to you and 20% to the other guy?

[randy86]

Their insurance

- - - Updated - - -

I just don't realize how someone has the right of way in the wrong lane. She was speeding in a lane reserved for buses only. I've fought my battle with her insurance now my insurance will have to do it's part in this case.

[jk]

Their insurance

- - - Updated - - -

I just don't realize how someone has the right of way in the wrong lane. She was speeding in a lane reserved for buses only. I've fought my battle with her insurance now my insurance will have to do it's part in this case.

well, there ya go. They credited their driver with being 20% at fault. Sounds reasonable to me since the proximate cause of the accident is you crossing the driving lane. They did consider the fact he was where he really shouldn't have been.

If you don't agree with their insurance company's decision, either make the claim on yours (if you have proper coverage) or sue the guy in court. I suspect you won't fare much better in court though.