Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1

    Default Auto Accident Happened on Center Turn Lane Only

    I got into an auto accident during rush hour traffic after work. The location is in San Antonio, Texas. What was happen is that road traffic was stopped and the vehicles made a clear path for me to drive across Huebner rd from Preserve on Fredericksburg Apartment into the center turn lane to turn left to go south of Huebner Rd. When I am about cross the center turn lane, I was in a blind spot due to a large pickup truck that is blocking my view and other driver views. The truck driver did not say anything about the incoming car coming to my way, so I had to drive really slow to get out of way into center lane turn only. When I just got into center lane, I can see the car was already driving too fast on the center lane and hit my truck on the front left side. No one got hurt. We exchange information and the polices arrived. I came to found out that the other person who hit my vehicle was doing an illegal way. She merges into center turn lane only to bypass the stopped traffic all the way to the Fredericksburg rd stoplight. She is not planning on turn anything soon where I am at. The accident happened about 1300 feet away from Fredericksburg rd. I have read the police report and here is what it said, "I was dispatched to the above listed location for a minor accident. Upon arrive I contacted Unit 1 (Another driver who hit me). Unit 1 stated she got into the turn lane, to turn left onto North Bound Fredericksburg Rd. Unit 1 stated Unit 2 (Me) was leaving the apartment complex, attempting to turn left onto South West bound Huebner Rd. Unit 1 stated Unit 2 appeared in front of Unit 1. Unit 1 stated she collided with Unit 2. The intersection Unit 1 was attempting to turn left on is about a quarter mile away from the location of the accident. Unit 1 stated they already exchanged information. I contacted Unit 2. Unit 2 stated he was leaving the apartment complex. Unit 2 stated traffic was stopped. Unit 2 stated he made his way through the lanes, but did not see Unit 1 in the turning lane. Unit 2 stated that is when he collided with Unit 1. Unit 2 stated they already exchanged information. Both units were given the case number for insurance purposes.". At Contributing Factors (investigator's Opinion) section, it said Unit #1 Contributing #4 which I think it means "Changed Lane when Unsafe". It look like the police determined that it is her fault? However, my insurance decided the majority fault is me. I have tried to dispute it but they still reject it. Should I get a lawyer to fight to clear out my fault record because that affects my insurance rate go up really high?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,499

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Nobody has a duty to tell you that you're driving into traffic. The center turn lane is also not a "refuge" for making ill-timed turns on to the roadway. You made an illegal entry into the roadway when it wasn't safe to do so.

    The police do not determine fault, however you can certainly make your case with your insurer as to the fault given things like whether the other driver or you were cited and what the report states. If they ended up having to pay out because of your liability, you're probably not going to get anywhere fighting it.

  3. #3

    Default Re: Auto Accident Happened on Center Turn Lane Only

    "You made an illegal entry into the roadway when it wasn't safe to do so." I think you have misunderstood that you thought that is me instead of someone else. If I really did that then why the police didn't include me? The police have only cited that Unit 1 which is another driver made an illegal action by changed lane when unsafe. Unit 1 is another driver and I am Unit 2.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,632

    Default Re: Auto Accident Happened on Center Turn Lane Only

    The officer didn't see the accident so his opinion is irrelevant and won't be admissible in court. The police report is useless to you.

    When you cross lanes like that you have to yield to traffic coming from the left or the right no matter which lane it's in (the center, the next or the next after that).

    You got hit which means that you didn't yield. That's why your insurance is finding you at fault.

    The only way you reverse that is you sue the other driver and get a judgment in your favor.

  5. #5
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting adjusterjack
    View Post
    The officer didn't see the accident so his opinion is irrelevant and won't be admissible in court. The police report is useless to you.
    A police report is not useless, or why would the police waste their time taking one? The police are on the scene, viewing firsthand the injuries, the first comments from witnesses, analyzing skid marks, comparing dents, doing formal and informal FST's. Besides, why would an insurance company request the police report? Why would their distant, behind a desk, delayed, after-the-fact fault determination be more accurate than a trained police officer's analysis who is on the scene? Also, police reports with the police officer's fault determination, can be allowed into courtrooms. If you were ever involved in a trial you might know that.

    When you cross lanes like that you have to yield to traffic coming from the left or the right no matter which lane it's in (the center, the next or the next after that).

    You got hit which means that you didn't yield. That's why your insurance is finding you at fault.
    It does not mean the OP did not yield. It could be just as possible that the other car did not yield.

    The only way you reverse that is you sue the other driver and get a judgment in your favor.
    Now that I agree with, which I have done before when my POS insurance company found me at fault. I sued in small claims, won, then gave the verdict to my insurance company so they could not raise my rates.

    Hint: Insurance companies like to say that "police reports are useless" so they can rule against the report and their client to allow them to raise their clients rates.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,499

    Default Re: Auto Accident Happened on Center Turn Lane Only

    A police report is not useless, or why would the police waste their time taking one?
    Because public safety concerns mandate them to do so. It is however inadmissible in court.
    The police are on the scene, viewing firsthand the injuries, the first comments from witnesses, analyzing skid marks, comparing dents, doing formal and informal FST's
    The police didn't witness the accident. The report is meaningless in court. The officer who wrote it could be subpeonaed to testify,. but he can only testify to what he personally observed. He can't relate "comments" from others.
    Also, police reports with the police officer's fault determination, can be allowed into courtrooms. If you were ever involved in a trial you might know that.
    The officer may explain his report, but the report, by itself, is inadmissible. If you knew squat about the law and what was going on in the trial you were in, you would know that.
    It does not mean the OP did not yield. It could be just as possible that the other car did not yield.
    It means neither car yielded. The problem is YOU had a duty to yield careening into traffic. The cars already on the road had the right of way over you.

  7. #7
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting flyingron
    View Post
    Because public safety concerns mandate them to do so. It is however inadmissible in court.
    97% of car accidents do not end up in court. What we get is insurance company bean counters using what ever they can get their hands on to determine fault. And yes, those bean counters will take into account what is written on a police report. So, it is not meaningless 97% of the time.

    The police didn't witness the accident. The report is meaningless in court. The officer who wrote it could be subpeonaed to testify,. but he can only testify to what he personally observed. He can't relate "comments" from others.
    True, he cannot relate comments from others but he can relay 90% of what is on the report. Plus firsthand observations like dents, skids, car positioning, etc.

    The officer may explain his report, but the report, by itself, is inadmissible. If you knew squat about the law and what was going on in the trial you were in, you would know that.
    It appeared to me that my lawyer had to quash the report. Not that it was automatically inadmissible.

    That report did damage to me. To infer otherwise or that it was meaningless is absurd.

    It means neither car yielded. The problem is YOU had a duty to yield careening into traffic. The cars already on the road had the right of way over you.
    A car does not have a right to not brake when he sees the car in front of him and has ample time to stop, regardless of the car being legally or illegally in front of him. Since those facts are not clear here, it is a possibility.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,539

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Regarding police reports of traffic collisions. By and large they are produced for two reasons: Statistical data, and to capture information for the parties and their insurance companies. Yes, they can be a prelude to a criminal prosecution (be it an infraction or something more serious), but for the most part they are documents produced for others and without any real law enforcement function.

    The REPORT, that is to say, the written document produced by the officer, is not "evidence". It can, however, be used as a roadmap for one or both sides as it gives them information and, perhaps, even likely testimony of the parties involved. A report can also be used to affirm, or refute statements made at court or conclusions provided by one or more parties. The officer's TESTIMONY *IS* evidence. The results of his investigation, even the conclusions reached as a result of his investigation, can be given the same consideration as any other expert witness called by one or more parties at trial. The weight that officer's testimony might have will depend upon his training and experience, articulation, and the court's/jury's interpretation of his competence and credibility.

    All that being said, insurance companies are under no legal obligation to concur with the collision report. They are free to come to their own conclusions regarding the collision and they may be entirely off from the report's conclusions. I can hypothesize all over the place as to why they might reach a different conclusions since they, too, were not on scene and did not witness the collision or speak to anyone, but a I am not an adjuster nor work for an insurance company, I would only be speculating. Bottom line is that if a party does not like the conclusions reached by the insurance companies, they are free to sue the other party and hope they prevail.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting cdwjava
    View Post
    Regarding police reports of traffic collisions. By and large they are produced for two reasons: Statistical data, and to capture information for the parties and their insurance companies. Yes, they can be a prelude to a criminal prosecution (be it an infraction or something more serious), but for the most part they are documents produced for others and without any real law enforcement function.

    The REPORT, that is to say, the written document produced by the officer, is not "evidence". It can, however, be used as a roadmap for one or both sides as it gives them information and, perhaps, even likely testimony of the parties involved. A report can also be used to affirm, or refute statements made at court or conclusions provided by one or more parties. The officer's TESTIMONY *IS* evidence. The results of his investigation, even the conclusions reached as a result of his investigation, can be given the same consideration as any other expert witness called by one or more parties at trial. The weight that officer's testimony might have will depend upon his training and experience, articulation, and the court's/jury's interpretation of his competence and credibility.

    All that being said, insurance companies are under no legal obligation to concur with the collision report. They are free to come to their own conclusions regarding the collision and they may be entirely off from the report's conclusions. I can hypothesize all over the place as to why they might reach a different conclusions since they, too, were not on scene and did not witness the collision or speak to anyone, but a I am not an adjuster nor work for an insurance company, I would only be speculating. Bottom line is that if a party does not like the conclusions reached by the insurance companies, they are free to sue the other party and hope they prevail.
    It would appear that you are saying that the police report is not "useless" or "meaningless."

    It is used by the insurance companies to gather facts, testimony of witnesses, car positioning, estimations of speed which was gathered by a trained professional, and in most cases, a person who is much more professional than any adjuster.

    The police report is also allowed into a deposition (an extension of the courtroom),where each party must answer for statements or information in it. Furthermore, I would imagine that if a plaintiff who quashed the report in trial accidentally mentioed the report during his testimony, it would allow the whole report into evidence.

    So, the police report is hardly "useless" or "meaningless." Actually, it is likely the strongest determiner of fault up until an actual trial.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,539

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting CONNOR99
    View Post
    It would appear that you are saying that the police report is not "useless" or "meaningless."
    It is not useless nor meaningless. But, it is also NOT any form of direct evidence. Uses do exist.

    The police report is also allowed into a deposition (an extension of the courtroom),where each party must answer for statements or information in it. Furthermore, I would imagine that if a plaintiff who quashed the report in trial accidentally mentioed the report during his testimony, it would allow the whole report into evidence.
    Even then, the report would be useless as direct evidence. I don't know what "quashing" it might do since it is not evidence. The information contained within can still be testified to by the officer who prepared it and the parties and witnesses to the collision itself. (Plus, I am not sure "quashing" it is even possible ... it's a report, not evidence, and not a subpoena or other process.)

    So, the police report is hardly "useless" or "meaningless." Actually, it is likely the strongest determiner of fault up until an actual trial.
    Only to those who accept the conclusions therein. Something the insurance companies are not legally bound to do.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Determination of Fault: Hitting a Car that Did Not Merge Into the Center Left Turn Lane
    By kcwell in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-14-2017, 09:53 AM
  2. Determination of Fault: Accident Between Cars in a Center Turn Lane
    By Ohlala in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 07-03-2015, 12:39 PM
  3. Determination of Fault: Continuous Center Left Turn Lane Rules and Right of Way
    By Mississippi in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-15-2012, 11:16 PM
  4. Traffic Lane Violations: Accident While Making Lane Change into Center Lane - Who is at Fault
    By blhenley in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 12-10-2011, 07:11 PM
  5. Traffic Lane Violations: Where Does the Center Lane End and the Turn Lane Begin
    By poweraxis in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-16-2011, 05:51 AM
 
 
Sponsored Links

Legal Help, Information and Resources