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  1. #1

    Default Someone Passed Me Illegally and I Rear-Ended Them

    Someone passed me just after an intersection on an empty road when it was raining. They crossed a single yellow line (maybe double?) in order to pass me on my left. She didn't cross into the other lane of traffic, she just went through like a teardrop-shape painted-in median between opposite lanes. So, I guess she had room to pass but I think it was illegal. I had looked down at my air conditioning while it happened and when I looked up she was fully in front of me, going the same speed. I think i might have unconsciously been speeding up when I looked down at the air conditioning so when I saw her I slammed on my breaks and swerved right to avoid hitting her. But it was too late and I hit her on the back right bumper with my front left bumper. Who is at fault? Please help!

  2. #2
    Join Date
    Jan 2010
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    Default Re: Someone Passed Me Illegally and I Rear-Ended Them

    Quote Quoting clementineweld
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    Someone passed me just after an intersection on an empty road when it was raining. They crossed a single yellow line (maybe double?) in order to pass me on my left. She didn't cross into the other lane of traffic, she just went through like a teardrop-shape painted-in median between opposite lanes. So, I guess she had room to pass but I think it was illegal. I had looked down at my air conditioning while it happened and when I looked up she was fully in front of me, going the same speed. I think i might have unconsciously been speeding up when I looked down at the air conditioning so when I saw her I slammed on my breaks and swerved right to avoid hitting her. But it was too late and I hit her on the back right bumper with my front left bumper. Who is at fault? Please help!
    You may well both be at-fault for the accident. It sounds to me that she passed you on a roadway with two double yellow lines. If so, she should have treated the double-double yellow line as a Jersey Barrier. And you should have kept your eyes on the road.

    Your insurance company will decide what percentage of fault they will assign you. My guess, 70% for her, 30% for you.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3

    Default Re: Someone Passed Me Illegally and I Rear-Ended Them

    what if it was a single yellow? I can't remember...

  4. #4
    Join Date
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    Default Re: Someone Passed Me Illegally and I Rear-Ended Them

    Quote Quoting clementineweld
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    what if it was a single yellow? I can't remember...
    Basically the same thing. A double yellow line means that you cannot pass, it also means that you CAN enter a driveway on your left by crossing over it.

    A double-double yellow line you cannot pass ether, but you CAN NOT enter a driveway on your left by crossing over it. You must treat a double-double yellow line as a jersey barrier.

    The only thing that apply's to your situation is the no passing zone.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
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    Default Re: Someone Passed Me Illegally and I Rear-Ended Them

    Quote Quoting Who'sThatGuy
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    You may well both be at-fault for the accident. It sounds to me that she passed you on a roadway with two double yellow lines. If so, she should have treated the double-double yellow line as a Jersey Barrier. And you should have kept your eyes on the road.
    If the pass was completed before the accident, and nothing occurred that would have caused the car to then unexpectedly slow within the safe stopping distance, I would put 100% of the fault on the driver to the rear. Once a car is in front of you, however it got there, you need to respect that it is in front of you and not accelerate into its rear bumper.

    I don't know what the incident report or witness statements or demeanor suggested after the incident, but absent some evidence to the contrary this could also easily be interpreted (or misinterpreted) as an accident resulting from a road rage incident, caused by a driver angry at being inappropriately passed.

  6. #6
    Join Date
    Nov 2007
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    Northern California
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    Default Re: Someone Passed Me Illegally and I Rear-Ended Them

    You claim she passed you, legally or not, then got in front of you and was driving the same speed as you. You claim your attention was diverted to the console and you think you may have speed up. When you finally looked ahead you were overtaking her can and couldn't avoid hitting it.

    So, the way you explain it is event A) she passed you like followed by event B) she is now driving in front of you. She is in front of you and she now has the right of way. You must adjust the speed and following distance of your vehicle accordingly.

    The way you explain it is that you are at fault and are trying to scrape together a scenario where you are innocent. (Don't worry, many people do this). Pay your deductible and move on.
    I'm a cop. My opinion does not reflect the views or opinion of my agency. That being said, "Do not argue with an idiot. He will drag you down to his level and beat you with experience."

  7. #7
    Join Date
    Mar 2013
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    Default Re: Someone Passed Me Illegally and I Rear-Ended Them

    Quote Quoting clementineweld
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    when I saw her I slammed on my breaks
    and swerved right to avoid hitting her. But
    Quote Quoting clementineweld
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    it was too late and I hit her
    on the back right bumper with my front left bumper.
    Quote Quoting clementineweld
    View Post
    Who is at fault?
    You. 100%

    Your story has all the elements of negligence. Too fast for conditions, following too closely, failure to control your vehicle.

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