Accident While Pulling Out of Driveway
there was lots of snow and parked cars on the road and i was turning right out of my driveway i looked to my left no cars and as far as i could see no cars coming in the opposite direction so i started to slowly pull out and about 3/4ths of the way throgh my turn i see a truck coming straight at me on my side of the road so i stop and he hits me on the left side of my bumper causing considerable dmg to my car this is basically the story i told my insurance at first they said ok it seems it was his fault but now they called me and said he said i slid into his lane and now they are saying its my fault what are my options in a situation where its my word against his
Re: Accident While Pulling Out of Driveway
Even with your word, it sounds like you are largely at fault.
If we're talking insurance assignment of fault, that's really their call to make, you can plead your case with them.
If you're talking in a civil suit, it would depend on what state you are in, but frankly, I suspect you'll still be responsible.
Re: Accident While Pulling Out of Driveway
may i ask what puts me at fault,does the other driver being on the wrong side of the road not come into play?there was no traffic coming from the left and with the cars parked and other guy on the wrong side i couldnt see him till i was almost done turning which is when he hit me(he was coming from the right)
Re: Accident While Pulling Out of Driveway
You pulled out in front of a moving vehicle. It's YOUR responsibility to assure yourself you can see oncoming traffic. The presence of obstacles that block your view doesn't make it OK to just blindly pull out in to traffic.
Lose the attitude and since you deleted the question about the state that the forum inserts and you decided to ignore my question in lieu of sniping at me... good luck with your liability.
Re: Accident While Pulling Out of Driveway
i would understand if the traffic was coming from the left(the lane i was turning into) not someone going the other way in a lane i dont have to cross driving on the wrong side which added to the obstacles lowered my chances of seeing him
btw the state is mn thought i added that in the initial post guess not
Re: Accident While Pulling Out of Driveway
Quote:
Quoting
muebr
i would understand if the traffic was coming from the left(the lane i was turning into) not someone going the other way in a lane i dont have to cross driving on the wrong side which added to the obstacles lowered my chances of seeing him
btw the state is mn thought i added that in the initial post guess not
Read Right of Way
And I quote:
Subd. 4.Vehicle entering roadway.
The driver of a vehicle about to enter or cross a roadway from any place other than a roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
You entered the roadway and interfered with the other vehicles path when he, in-arguably, had the right of way... Whether you saw him or not does NOT, by any means or description, suggest that it is his fault that you were inattentive to your surroundings! Its not like he dropped out of nowhere... He was on the roadway and YOU failed to see him approaching/yield to him.
In other words, it matters not that he was coming from the left or the right... You entered his path and you are likely at fault!
Re: Accident While Pulling Out of Driveway
Typically a vehicle that has the roadway will be considered to have the right of way compared to vehicles entering the roadway. I would think the best you might hope for would be that the insurance companies will hold you at fault for no more than 50% of the collision. I suspect, however, you will be found to be responsible for 75%+ ... but, that's something to negotiate with your insurer. You are out your deductible either way.
Re: Accident While Pulling Out of Driveway
Were you fully on the right side of the road? Was the other vehicle actually on the wrong side of the road? Is the road wide enough to have 2 lanes of traffic or did the parked cars cause if to essentially be a single lane?
Re: Accident While Pulling Out of Driveway
yes i was fully on the right side of the road most of the way through my turn and would have seen him earlier if he were on his side of the road.yes he was on the wrong side because about 100 feet prior and 50-75 feet after there were cars on his side he was avoiding however there were certainly 2 lanes of traffic and room for him to be on his side.in the areas with cars parked on 1 side of the street there was more than enough room for 2 lanes of traffic
Re: Accident While Pulling Out of Driveway
If this was completely on your side of the road and if there was room for him to be on his, I do not see how it could be ruled your fault. It is illegal to drive on the wrong side of the road.
Sounds like it is your word against his and since I am not privy to interrogations of either party, that's about as good as it gets.