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  1. #1
    Join Date
    Oct 2006
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    15

    Default Rear Ended Vs Left Turn, Who Is Liable?

    About a week ago, I was driving on a busy Boulevard in Los Angeles on my way for a afternoon lunch. I was on a residential street heading towards the Boulevard. I come to a stop (posted stop sign) at the corner where you can only make a left or a right turn onto the Boulevard. I had a clear view of traffic in both directions. When I saw it was safe and had a chance to turn I made a LEFT turn. In the process of making a left turn, a female on the inner lane of the Boulevard rear ends me. She struck the back right side (passenger rear end) of my car forcing my car to do a 180 spin. Luckily where my car and I landed, I didn't hit any parked cars. There was another vehicle driving slightly behind her on the outer lane. Another vehicle was behind her in the same lane. These other vehicles were not close to hitting me and still were able to slow down or stop safely to avoid the accident. Those vehicles witness the accident but when safe they drove off. She never attempted to stop so she didn't skid nor did her air bags go off. She clear stated to myself and the officer that "she didn't see me at all" "she didn't know where I came from" "I came out of know where". I don't know if she was on her cell phone, changing the radio station, or just day dreaming to be aware of traffic. Officers were called onto the seen right away. We both have insurance. I only have liabilty. I don't believe I was at fault for the accident. I had enough space and time to make a left turn onto on coming traffic. I am not sure if I'm liable for the collision because I made a left turn? Or is she liable for rear ending me? WHO IS AT FAULT AND LIABLE FOR THE DAMAGES?

  2. #2
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    "Inner lane"? What inner lane? Did she run the stop sign? Did you make a left turn from a center or right turn lane..when there was a left turn lane? Help us out!! By the way, what did the cop say?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,080

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    If she was coming from behind you, then I presume she also blew the stop sign you said that you had to stop for. if so, she is clearly at fault.

    If she came from either side on the road where you were turning, and she was not required to stop due to a signal light or a stop sign, then you are likely at fault.

    On the police report, who is listed as being the party at fault?

    - Carl
    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
    Oct 2006
    Posts
    15

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    I was a stop on a side street waiting to make a left turn ONTO the Boulevard when safe. She was coming down the Boulevard (the same one I turned onto.) She never attempted to slow down, or stop simply because "she didn't see me" so she repeated over and over. Therefor, she ended up hit my car on the right BACK corner. I'm still waiting for the report. But I don't think the report places blame on anyone. Who is liable?

  5. #5
    Join Date
    Oct 2006
    Posts
    15

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    The cop didn' say much. He just took both our statements and handed our report notices. I was turning left from a side residential street on to the boulevard (business street).

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    I'm not sure about LA, but in Washington state, you'd be liable. Basically, if you're required to stop or yield right-of-way when entering a highway, and there is a subsequent accident, you are liable. About the only exception would be if the other driver rear-ended you, especially if they don't attempt to avoid the collision.

    "I didn't see him", means she was not driving with "due care and caution" -- a fairly big admission on her part. If she had said, "he came out of nowhere -- I didn't even have time to hit my brakes....", you'd be toast.

    But, I've learned over the years that insurance companies see things differently from ordinary people or even the police, when it comes to assigning liability for an accident.

    Barry

  7. #7
    Join Date
    Oct 2006
    Posts
    15

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    She did rear-end me. She repeated several times to myself and the officer "she didn't see me", "I have no idea where she came from", "she came out of know where". I didn't come out of know where. I came from the side street (where I was at a stop) at 5-10mph turning left and she was clueless to this.

  8. #8
    Join Date
    Oct 2006
    Posts
    15

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    Well how do the insurance company see things in comparison to "ordinary people or even the police"?

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    Insurance companies profit by not paying on claims, so they tend to view things in a manner which reduces or eliminates their duty to pay claims.

  10. #10
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: Rear Ended Vs Left Turn, Who Is Liable?

    You will have to look up the law in CA, but in WA it reads:
    Quote Quoting RCW 46.61.190
    Except when directed ... every driver of a vehicle approaching a stop sign shall stop ... where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and after having stopped shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
    Basically, what it says is that if the collision occurs WITHIN the intersection, the car with the stop sign is at fault. If it occurs OUTSIDE the intersection, it's the other driver's fault.

    When you said she hit you "on the right BACK corner", I took this to mean partially on the rear, but partially on the side. If she hit you partially on the side, you would still have been WITHIN the intersection. Therefore, in WA, you would be considered at fault. You'll need to look up the law in CA to see how it's worded.

    Good luck,
    Barry

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