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  1. #1
    Join Date
    Oct 2017
    Posts
    1

    Default 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

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default 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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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?

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default 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.

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