Accident While Using the Middle Lane As a Passing Lane
My question involves a traffic collision from Dallas Texas:
I was driving on a road with 2 lanes on each side and a middle turn lane. Traffic was stopped for about 1/4 mile of where I needed to turn left. Business on both sides of the road. I decided to use the middle lane to drive past the traffic and to the intersection. I was going about 40 miles an hour for about 300 feet and then hit someone pulling out from a business to turn left. I was cited for using the middle lane as a passing lane. The police report said that I was using the middle lane as a passing lane and hit the person turning. Am I going to be held liable. I heard that the turning person could be liable for not yielding.
Re: Using Middle Lane As a Passing Lane
It sounds like you were travelling at an unsafe speed passing in the turning lane. While the person who entered the lane has some responsibility for yielding as well, you share a good deal of responsibility. Let your insurer handle it.
Re: Using Middle Lane As a Passing Lane
Does the fact that I received a citation hurt my case?
Re: Using Middle Lane As a Passing Lane
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emptypocket
Does the fact that I received a citation hurt my case?
Probably yes.
Re: Using Middle Lane As a Passing Lane
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emptypocket
Does the fact that I received a citation hurt my case?
Negligence and traffic violations are two different things. Sometimes they relate and sometimes they don't.
In this case they do.
I agree that the other driver bears some fault but not all.
A court of law is the final arbiter on the percentage of fault. However, these kinds of things rarely get to court so it's up to the insurance companies to decide.
Each company is free to deny the other driver's claim and find their own insured not at fault. Each company is free to find its own insured at fault and get the surcharge for three years. Or anything in between. You'll just have to wait and see how it plays out.
Bottom line: You had no business using the center turn lane as a passing lane so whatever consequences befall you are appropriate.
Re: Using Middle Lane As a Passing Lane
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emptypocket
I decided to use the middle lane to drive past the traffic and to the intersection...
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Quoting
emptypocket
The police report said that I was using the middle lane as a passing lane...
I would agree with the police report based on what you've written.