Accident With a Car Going Straight in a Right Turn Only Lane
My question involves a traffic ticket from the state of: Texas
My son was in an accident where a ticket was not issued and a disclaimer appeared at the bottom of the accident report stating that the officer does not determine who is at fault. He was heading West and making a left turn into Home Depot in Boerne, Texas. On-coming traffic was stopped to allow him to turn. There was a lane to the right of the on-coming traffic that is marked with a right arrow and the word "Only" in the pavement. A driver was heading east and saw that traffic was backed up and proceeded into the right turn only lane and went straight through the intersection headed to the I-10 two right turns further east. My son turned in and was hit by the east bound driver in the passengers rear tire bending the axle and making the car undriveable. The insurance company is having trouble determining who is at fault? I am confused as to why this is not clear to everyone else. From what I have seen and read, you must turn right at the next intersection available if you are in a right turn only lane. Please advise
Re: Accident With a Car Going Straight in a Right Turn Only Lane
So, basically, here. The lane markings, if unchanged, are clear about what a driver in the right-turn lane is expected to do.
We can only make an educated guess, but I expect that the other driver's insurance company is taking the position that your son saw or should have seen the vehicle in the right-turn lane before proceeding and that the accident was caused at least in part by his failure to observe and yield, and would have occurred regardless of whether the other driver turned or went straight.
Perhaps the other driver confirmed your son's version of events to the police, but if he did not there is a possibility that he is giving a different version to the insurance companies -- such as, he was intending to turn right into Home Depot but straightened out and tried to get behind your son's vehicle to try to avoid a collision after your son cut him off.
Re: Accident With a Car Going Straight in a Right Turn Only Lane
Police officers do not determine fault at an accident, they simply take the report.
Your son had a duty to yield to the oncoming traffic, if he did, there would not have been an accident. That is why the insurance company is not placing 100% of the blame on the other driver.
Re: Accident With a Car Going Straight in a Right Turn Only Lane
how did your son make a left turn in front of the lane of traffic he was facing that was going straight through the intersection? Did your son have a left turn only arrow? Did the oncoming traffic have a green light? Is there is specific light for the right turn lane?
if any of the above apply, what color was the light for each?
Re: Accident With a Car Going Straight in a Right Turn Only Lane
Check out the Google Map link in Mr. K's post. There are not traffic lights.