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  1. #1
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    Default Accident Involving Car Traveling the Wrong Way and a Car Entering the Roadway

    My question involves the state of: New York

    I was attempting to exit a gas station when a car traveling the wrong way collided with me. Both me and the other driver are covered by the same insurance carrier. The insurance carrier is saying that I'm 50% at fault. Here's a link to a video of the accident:

    Shouldn't the other driver be 100% liable?

  2. #2
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    You would think so the other driver would be at fault however, after watching the video several times you were not planning on stopping before you entered the road. You can see the other vehicle slow and swerve to attempt to avoid you. Since this vehicle was now in front of you you should have seen it and reacted. I think 50% is fair in this instance. Adjusterjack might have some insightful input as well.

  3. #3
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    It easy to imagine OP was checking traffic from the left direction and that's why they didn't react to the car coming the wrong way. It's also a little unfair to say they weren't planning to stop, although it sure seems that way. I sometimes pull past the curb if there's a parking lane so I can get a better view before I pull out. Since there is a car parked on the street and (should be) no traffic coming from the right I can see putting my tires in the "trough" of the curb to wait for a spot to pull out.

  4. #4
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    Quote Quoting RandallCS
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    It easy to imagine OP was checking traffic from the left direction and that's why they didn't react to the car coming the wrong way. It's also a little unfair to say they weren't planning to stop, although it sure seems that way. I sometimes pull past the curb if there's a parking lane so I can get a better view before I pull out. Since there is a car parked on the street and (should be) no traffic coming from the right I can see putting my tires in the "trough" of the curb to wait for a spot to pull out.
    Yes, I was checking left. My intention was to get my front parallel to the street facing end of the parked car for the two way check for getting onto the road.

  5. #5
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    That was a very sloppy left turn by the other driver. But the questions remain, why did you not see that the car was making the sloppy turn into the drive and, once the vehicle was in front of you, why were you unable to stop before hitting that car? It is not sufficient to argue that you were looking for traffic in the other direction, as you have a duty to pay attention to traffic in front of your moving car, and that also does not differentiate your situation from one in which you might have hit the same car during a properly conducted left turn.

    Also, when you enter a roadway in New York, you must right-of-way to all vehicles that are already on that roadway.
    Quote Quoting New York, Vehicle & Traffic Law, Sec. 1143. Vehicle entering roadway.
    The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.
    There's no "I was just nosing out past the curb to get a better view" exception to that law.

    While the other driver's conduct justify the sharing of fault, and while we can argue over how fault should be apportioned, the adjuster's assessment is defensible.

  6. #6
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    Quote Quoting Mr. Knowitall
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    That was a very sloppy left turn by the other driver. But the questions remain, why did you not see that the car was making the sloppy turn into the drive and, once the vehicle was in front of you, why were you unable to stop before hitting that car? It is not sufficient to argue that you were looking for traffic in the other direction, as you have a duty to pay attention to traffic in front of your moving car, and that also does not differentiate your situation from one in which you might have hit the same car during a properly conducted left turn.

    Also, when you enter a roadway in New York, you must right-of-way to all vehicles that are already on that roadway.

    There's no "I was just nosing out past the curb to get a better view" exception to that law.

    While the other driver's conduct justify the sharing of fault, and while we can argue over how fault should be apportioned, the adjuster's assessment is defensible.
    The reason I didn't see the other car is two fold...

    1. The rate of speed the other car was traveling.

    2. The parked car on my right.

    My perception was that the car appeared out of nowhere. It's easy for you to think you would have been able to stop sooner but this all happened very quickly.

  7. #7
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    In watching the video, it appears that you continue to move forward without slowing even when the car is directly in front of you. I thus don't find it convincing that it was only the parked car that prevented you from seeing the vehicle that was turning into the lot. Also, you are not excused from your duties as a driver merely because a parked vehicle (or any other vehicle on the roadway) makes it more difficult for you to perform those duties.

    I can sympathize, but I still find the adjuster's position to be defensible.

  8. #8
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    Quote Quoting Mr. Knowitall
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    In watching the video, it appears that you continue to move forward without slowing even when the car is directly in front of you. I thus don't find it convincing that it was only the parked car that prevented you from seeing the vehicle that was turning into the lot. Also, you are not excused from your duties as a driver merely because a parked vehicle (or any other vehicle on the roadway) makes it more difficult for you to perform those duties.

    I can sympathize, but I still find the adjuster's position to be defensible.
    Based on this video, insurance company is now saying other driver is 65% at fault.

    Quote Quoting Mr. Knowitall
    View Post
    That was a very sloppy left turn by the other driver. But the questions remain, why did you not see that the car was making the sloppy turn into the drive and, once the vehicle was in front of you, why were you unable to stop before hitting that car? It is not sufficient to argue that you were looking for traffic in the other direction, as you have a duty to pay attention to traffic in front of your moving car, and that also does not differentiate your situation from one in which you might have hit the same car during a properly conducted left turn.

    Also, when you enter a roadway in New York, you must right-of-way to all vehicles that are already on that roadway.

    There's no "I was just nosing out past the curb to get a better view" exception to that law.

    While the other driver's conduct justify the sharing of fault, and while we can argue over how fault should be apportioned, the adjuster's assessment is defensible.
    It's not a "sloppy left turn", it's an improper left turn...

    1166. Required position for turning at alley, driveway, private road
    or onto property off the roadway. The driver of a vehicle intending to
    turn from a roadway into an alley, driveway, private road or onto
    property off the roadway, shall approach the turn as follows:
    (a) Right turns. The approach for a right turn shall be made as close
    as practicable to the right-hand curb or edge of the roadway.
    (b) Left turns from two-way roadways. The approach for a left turn
    from a two-way roadway shall be made in that portion of the right half
    of the roadway nearest the center thereof.

  9. #9
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    Quote Quoting BenzDriverS
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    It's not a "sloppy left turn", it's an improper left turn...
    You're playing semantic games. It was sloppy and it was also improper under the statute.

    If you find the adjuster's revised number to be adequate, you have the option of now settling the claim based upon that assignment of fault.

  10. #10
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    Default Re: Accident Involving Car Traveling Wrong Way and Car Entering Roadway

    Quote Quoting BenzDriverS
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    The reason I didn't see the other car is two fold...

    1. The rate of speed the other car was traveling.

    2. The parked car on my right.

    My perception was that the car appeared out of nowhere. It's easy for you to think you would have been able to stop sooner but this all happened very quickly.
    I don't see the situation being much different if the other driver had made a "proper" turn. The other car was not traveling THAT fast.

    An argument could also be made that you were in violation of VTL 1173.

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