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  1. #1
    Join Date
    Aug 2012
    Posts
    2

    Lightbulb Hit in Someone's Blindspot

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

    The scenario is this; I pulled out of a gas station into a clear lane. I was in the lane, but not completely straight yet (ending my turn into the lane). A lady cuts me off to make the turn, and the following damage occurs: The back off her car scrape the front right corner of mine, essentially pulling off the entire bumper, and shattering the headlight. I am a licensed, insured driver. I was in the lane before being hit. We pulled off in order to exchange insurance information, and she said the following, "I'm sorry, I didn't see you." I have several witnesses (friends accompanying me in other vehicles who also pulled over to ensure my safety) that insist they heard her make this claim, without me even asking. Although the damages to her vehicle are minor, I will need quite a bit of work on my car (a BMW, so repair is not cheap). Am I at fault for this collision, or is she? Is the damage enough to make a claim, or should I make a private settlement and pay for my own repairs?

    As a summary,
    >I was in a lane with no cars behind me, finishing my turn into the lane.
    >She made a left lane change, cutting me off.
    >This lane change caused a collision between the front right of my bumper and the back tire of her vehicle.
    >She claimed she did not see me when making the lane change
    >The event occurred at night; my headlights, her headlights, and several street lights were on

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Hit in Someone's Blindspot

    Quote Quoting Kreinas
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    The back off her car scrape the front right corner of mine, essentially pulling off the entire bumper, and shattering the headlight.
    You will have to provide a better description of "the back of her car".... Describe the point of impact, the location where her car damage exists. Or the section which collided with your car.

    Quote Quoting Kreinas
    View Post
    As a summary,
    >I was in a lane with no cars behind me, finishing my turn into the lane.
    >She made a left lane change, cutting me off.
    >This lane change caused a collision between the front right of my bumper and the back tire of her vehicle.
    >She claimed she did not see me when making the lane change
    >The event occurred at night; my headlights, her headlights, and several street lights were on
    (1) By your own admission, you did not have full possession of the lane... (2) While maybe true that she could side swipe you by cutting you off and/or attempting to enter your lane, there is another reason a collision could occur and that is your forward movement, meaning you hit her or at least contributed to the collision. It can get uglier for you still... Depending on where each vehicle was when you tires first touched the roadway, it maybe entirely your fault for failure to yield to a vehicle on the roadway when you entered the roadway from a private driveway.

    Quote Quoting Kreinas
    View Post
    >She claimed she did not see me when making the lane change
    OK, so you were in her blind spot and yes, she is required to check her blind spot... But if the collision occurred as you describe it and the corner of your car hit the back of here car, that means the majority of her car was in front of you... What was your excuse for not seeing her?

    Quote Quoting Kreinas
    View Post
    The event occurred at night; my headlights, her headlights, and several street lights were on
    The same lights we on for you as well...

    Quote Quoting Kreinas
    View Post
    "I'm sorry, I didn't see you." I have several witnesses (friends accompanying me in other vehicles who also pulled over to ensure my safety) that insist they heard her make this claim, without me even asking.
    While I am still not clear on whether you two side swiped one another or whether you rear ended her, her saying "I'm sorry, I didn't see you"does not absolve you of any responsibility!

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,066

    Default Re: Hit in Someone's Blindspot

    It sounds as if you made a left turn from ... where? From a driveway? A cross street?

    Was this at an intersection?

    If across other lanes of traffic, was the center a single set of double yellow lines? A pair of such double yellow lines set apart a foot or more? Something else?

    Key will be the area of impact. It is possible that SHE was in the lane, and you were not. You have an obligation to yield until it is safe to turn. But, without knowledge of where you were turning from, and the nature of the street you were turning ON to, it's harder to say what code section might have been violated.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,693

    Default Re: Hit in Someone's Blindspot

    It sounds like you failed to make sure the roadway was clear and safe to enter. Had you been paying attention, you likely would have seen her signal into the turn lane.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  5. #5
    Join Date
    Aug 2012
    Posts
    2

    Default Re: Hit in Someone's Blindspot

    I was fully in my lane at time of collision. The street layout is 2 lanes in the opposite direction (which I crossed), left turn lane that splits into 2 2 left turn lanes, 1 straight lane, 1 right turn lane. She was in the straight lane while I was in the left turn lane just before it splits. The rear tire hubcap/ backquarter (the SIDE of her vehicle) collided with the front passenger bumper, headlight, and fender of my vehicle due to her making a left lane change into the front of me.

    In the following pictures from google maps, I will attempt to explain the positions of the vehicles.

    This picture shows my position (the white circle in the road) after pulling out from the gas station (where the yellow bar has the words "Sisk RD")


    This picture shows the location of her vehicle when I entered the lane.
    The car in the lane can be used to estimate the positions of our vehicles, since I had to turn the map to show hers. In this picture, she is represented by a white circle (which looks extremely flat due to the angle of Google Maps)



    Thank you very much for your responses.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,693

    Default Re: Hit in Someone's Blindspot

    It still appears to me, based on your pictures, you were at fault.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,066

    Default Re: Hit in Someone's Blindspot

    If she admits to fault then you may see a payoff. If she claims you ran into her, then ou might have trouble if there was no police report to determine the exact area of impact in the roadway. I can see her arguing that you it her, not that she merged into you.

    Turn it over to your insurance company and let them handle it.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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