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Right of Way when Changing Lanes

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  • 12-07-2014, 04:13 PM
    greenfx
    Right of Way when Changing Lanes
    My question involves an injury that occurred in the state of: PA

    About three months ago, I had a very bad car accident and my car was totaled.

    I was driving on the extreme right on a three lane highway and trying to get into the left lane. When I was about all the way into the middle lane, a Camaro came from nowhere and he pushed me out of the lane.

    Later, I came to know that that Camaro was travelling the extreme left and that lane was closed 1500 feet ahead. Instead of slowing down, that car accelerated and pushed me out of the middle lane. It was my spontaneous reflex action to avoid an accident with that car and I swerved right and hit the road barrier.
    I did take every precaution when making a left turn and the car that was driving in the middle lane (mercedes) was well behind before I got into the middle lane from the right. There was no problem with the car which I had overtaken. It was the Camaro in the extreme left which came flying and pushed me out because he had no where to go after a couple hundred of feet.

    I feel that it was his responsibility to stop before he could make a right turn. That car fled, of course.

    I have a citation and need to go to court. In this scenario, who had the right of way ? When the lane ahead is closed, should not the driver wait before changing to the right lane ?
    Please advise !
  • 12-07-2014, 04:25 PM
    adjusterjack
    Re: Car Accident - Question on Right of Way when Changing Lanes
    Quote:

    Quoting greenfx
    View Post
    a Camaro came from nowhere and he pushed me out of the lane.
    It was my spontaneous reflex action to avoid an accident with that car and I swerved right and hit the road barrier.

    In other words, the Camaro didn't actually "push" you. There was no contact with your car by the Camaro because you swerved to avoid colliding with the Camaro. And the Camaro kept going after you went off the road.

    You might be right that the driver of the Camaro was at fault.

    But being right doesn't matter if you don't have witnesses to back you up in court.

    What was the statute number that you were cited with?
  • 12-07-2014, 04:46 PM
    greenfx
    Re: Car Accident - Question on Right of Way when Changing Lanes
    I am posting it here from the penndot site :
    § 3309. Driving on roadways laned for traffic.
    Whenever any roadway has been divided into two or more clearly marked lanes
    for traffic the following rules in addition to all others not inconsistent
    therewith shall apply:
    (1) Driving within single lane.--A vehicle shall be driven as nearly as
    practicable entirely within a single lane and shall not be moved from the
    lane until the driver has first ascertained that the movement can be made
    with safety.

    There was a third car which hit me after my car hit the road side barrier and stopped. The police has made reference to what she said in the police crash report -
    "I was way into the middle lane and a black car (camaro) was changing into the middle lane from the left lane." Now , this left lane was closed ahead.
    Wasn't the camaro supposed to slow and wait before changing lanes ? I was doing 65 miles an hour and I bet that camaro was doing well over 100 miles an hour.

    I dont' get any points and it is not about money as I have already lost in the magisterial court which was a joke and a waste of time. But, it shows me at fault with my insurance company and
    it already paid the third car for the damages. I cant change the accident but want to see this as "not at fault"
  • 12-07-2014, 09:29 PM
    adjusterjack
    Re: Car Accident - Question on Right of Way when Changing Lanes
    You lost on the traffic ticket and your insurance paid the other vehicle.

    That makes you at fault in the eyes of the law and in the eyes of your insurance company.

    Sorry, but there's no way to change that.
  • 12-07-2014, 10:20 PM
    greenfx
    Re: Car Accident - Question on Right of Way when Changing Lanes
    It's not that.

    My insurance paid long back to the other vehicle. The traffic ticket came later on..
  • 12-08-2014, 05:20 AM
    Disagreeable
    Re: Car Accident - Question on Right of Way when Changing Lanes
    Quote:

    I did take every precaution when making a left turn
    Then why were you not cognizant of the lanes ending and the vehicle in it merging. Apparently you did not take every precaution and were not totally aware of your surrounding traffic. Driving responsibility does not stop at the end of your bumper, it stretches out to encompass all traffic that can have an effect on the course of travel you vehicle will undergo.
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