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  1. #1
    Join Date
    Feb 2019
    Posts
    11

    Default Accident While Turning Left in Front of Oncoming Traffic

    Hi Everyone,
    I had a accident in MA during peak traffic time yesterday morning and we just exchanged insurance without calling police.
    I tried to turn left from main street to a side street when the first three cars (turning lights were off) in the other direction let me turn. Unfortunately, another car did not stop in line but quickly passing on the right of those three cars and hit my front bumper. The insurance company (both has the same company) determined its my 100% responsibility for this accident after I provided more information.
    The pictures are shared in this link: https://drive.google.com/drive/folde...HA?usp=sharing

    The main street has one lane in each direction (I was confirmed by the traffic department of the city). The key question is whether she has right-of-way during that time.

    According to MA Driver's Manual or https://malegislature.gov/Laws/Gener...er89/Section2:
    Passing on the right is only allowed in certain circumstances. It can only be done when the road is clear and is wide enough for two or more lines of motor vehicles. You can pass on the right in the following circumstances:
    The vehicle you are passing is making, or is about to make, a left turn.
    You are driving on a one-way street.
    You are driving on a road where traffic moves in one direction (such as a multiple lane highway)

    I drove on this way almost everyday and never see such incident to me or others. I reviewed the my other dashcam videos on the same T-intersection, and found when the cars stopped to give permission, people just make left turn, no one stopped to see if any car comes towards by passing on the right. In my case, it is an coincidence the three cars all stopped near the double yellow line so there was space for another car passing through. They may intended to turn left in the front intersection or some of them may do not want to take risks to pass on right and would go straight after my turn. Obviously, all of them were not about to turn right to the side street in this case.

    Based on the damcam, I can see she did change the direction a bit to the right and pass but you know, before I made left turn, I was not aware that she will rush into my car.
    I believe such rush passing is dangerous if there is pedestrian walking across the main street because those three cars would block her view and her speed was relatively fast.
    What is your opinion about my case? I appreciate any suggestions. Thank you everyone. Drive safe!

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    370

    Default Re: Unusual Accident - Need Suggestions

    Left turning vehicle always yields to oncoming traffic....

  3. #3
    Join Date
    Mar 2013
    Posts
    16,667

    Default Re: Unusual Accident - Need Suggestions

    Agree. Your fault. Your own dash cam photos prove it.

    You made the turn right in front of an oncoming vehicle that had the right of way and you got hit.

    That's how it works.

  4. #4
    Join Date
    Feb 2019
    Posts
    11

    Default Re: Unusual Accident - Need Suggestions

    Quote Quoting LegalWriter
    View Post
    Left turning vehicle always yields to oncoming traffic....
    It is one lane road (but can fit two cars in that zone because no street parking allowed) and the first three cars has stopped and let me turn left. For my everyday driving experience on this road, people turn partial left and look around to see if someone is coming from the inner side.

  5. #5
    Join Date
    Mar 2013
    Posts
    16,667

    Default Re: Unusual Accident - Need Suggestions

    Quote Quoting xinsky
    View Post
    It is one lane road (but can fit two cars in that zone because no street parking allowed) and the first three cars has stopped and let me turn left. For my everyday driving experience on this road, people turn partial left and look around to see if someone is coming from the inner side.
    Anything that happened at any other time before you made the left turn and got hit, doesn't matter. Sorry.

  6. #6
    Join Date
    Feb 2019
    Posts
    11

    Default Re: Unusual Accident - Need Suggestions

    I watched the dashcam with 0.2 playing speed. I can see her kid stood on the car and grab something from the center console. But I do not have evidence that she was distracted by her kid. BTW, that kid is supposed to use car seat. She did not even use any break to slow down.
    Anyway, my bad luck. It was so risking if pedestrian was walking across the street if she drove like this since she was blocked by the three cars stopped on her left.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,163

    Default Re: Unusual Accident - Need Suggestions

    Quote Quoting xinsky
    View Post
    I watched the dashcam with 0.2 playing speed. I can see her kid stood on the car and grab something from the center console. But I do not have evidence that she was distracted by her kid. BTW, that kid is supposed to use car seat. She did not even use any break to slow down.
    Anyway, my bad luck. It was so risking if pedestrian was walking across the street if she drove like this since she was blocked by the three cars stopped on her left.
    None of that absolves you of your obligation to yield to all ocomkng traffic when turning left


    a pedestrian would have to cross against any control lights to have been endangered given the other driver was going straight. You are the only person that would have endangered a pedestrian legally crossing the street since they would have been crossing in the same direction as the driver that hit you was traveling.

  8. #8
    Join Date
    Feb 2019
    Posts
    11

    Default Re: Unusual Accident - Need Suggestions

    My question is if she is totally legal to pass on right on the one-lane road even it had room for her at that time. Should she take some liability? She may cause danger to the pedestrian crossing the main street because the other cars on her left blocked her view. I will turn only after making sure no person is crossing on the side street.
    Anyway, maybe I need to move on.

  9. #9
    Join Date
    Oct 2016
    Posts
    2,651

    Default Re: Unusual Accident - Need Suggestions

    If she violates no law then she is not responsible. I'm not sure she didn't illegally pass the stopped cars.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,163

    Default Re: Unusual Accident - Need Suggestions

    I am curious as to why the traffic in her lane was not moving and where the other driver intended on going.


    But if you are so cautious regarding pedestrians that may be crossing the road illegally (it would appear the crosswalk is on the other side of the intersection and crossing on her side would appear to be jaywalking anyway), Why were you not so cautious and observant regarding the other driver? If you used the same caution, I suspect the accident would not have happened.

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