My 997 got hit. Who's at fault here?
11-13-2008, 04:16 PM
#16
Since Texas has comparative negligence, the damages awarded by the jury---a whopping $2,900---were reduced by 40%. So, she walked away with $1,740, instead of the $10,000 the insurance company offered pre-trial or the $50,000 they offered when the case went to the jury. By the way, she had told her lawyer she refused to settle for under $1,000,000
11-13-2008, 05:41 PM
#17
Racer
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From your description of the scene, it sounds like the other driver may be trying to pass you on the right shoulder, unaware you were going to make a right turn. Otherwise, for a car following behind you, how would his left front-end hit your right passenger rear? That'd lead me to believe perhaps you didn't have your turn signal on? BTW, was there any reason you didn't call the police?
Basically he got very close to the curb before I did, and didn't see at my turn signal. And when I was making a turn, his driver's side left front hit my right rear wheel. I already spoke with several lawyers, and they uanimously said regardless of what the other guy claims, it will most likely turn out to be the other party's fault.
Btw, no cops will show if there is no bodily injury in CA.
11-14-2008, 12:17 AM
#19
Racer
Good observation. He said that he was trying to make a right turn on the same street, and by the time I gave my turn signal to go right in order to turn to the right street, he was in a hurry to get the gas station one block away, and probably missed seeing my turn signal. The street was very dark, and my car being black didn't help.
Basically he got very close to the curb before I did, and didn't see at my turn signal. And when I was making a turn, his driver's side left front hit my right rear wheel. I already spoke with several lawyers, and they uanimously said regardless of what the other guy claims, it will most likely turn out to be the other party's fault.
Btw, no cops will show if there is no bodily injury in CA.
Basically he got very close to the curb before I did, and didn't see at my turn signal. And when I was making a turn, his driver's side left front hit my right rear wheel. I already spoke with several lawyers, and they uanimously said regardless of what the other guy claims, it will most likely turn out to be the other party's fault.
Btw, no cops will show if there is no bodily injury in CA.
Good luck.
11-14-2008, 01:10 PM
#21
As a general rule, yes. But I hit somebody from behind, she sued after almost two years because she didn't like my insurance company's settlement offer, the suit went to a jury trial and the jury found that I was 60% responsible and she was 40% responsible. So, the car in back is not always going to be found to be solely responsible.
Since Texas has comparative negligence, the damages awarded by the jury---a whopping $2,900---were reduced by 40%. So, she walked away with $1,740, instead of the $10,000 the insurance company offered pre-trial or the $50,000 they offered when the case went to the jury. By the way, she had told her lawyer she refused to settle for under $1,000,000
Since Texas has comparative negligence, the damages awarded by the jury---a whopping $2,900---were reduced by 40%. So, she walked away with $1,740, instead of the $10,000 the insurance company offered pre-trial or the $50,000 they offered when the case went to the jury. By the way, she had told her lawyer she refused to settle for under $1,000,000
11-14-2008, 02:50 PM
#22
Of course, she stopped because somebody swerved into her lane, right, or her view became impeded, right? No. She stopped because, as she stated in her deposition, "That's the way I always enter a freeway. Stop at the beginning of the ramp, accelerate to the end of the ramp and stop again to make sure it's clear."
She was not a sympathetic witness at all, but she really lost the jury when they heard that excerpt from her deposition.
11-14-2008, 05:18 PM
#23
Drifting
Pretty open and shut. Were your brake lights working?
Turn signal or not, you made a right and the guy behind you does have an obligation to not run into you.
That said, I wasn't there. If you were doing 30mph down the road, and slowed to 5mph to make the turn, all with a hard brake at the last second, and didn't have your signal on to warn the other driver you were going to slow down for a turn, then regardless of what the law may say, it would be your fault.
If you drove more normally, and slowed down gradually (ie your brake lights were on for more than a second), then he just wasn't paying attention and its his fault.
Turn signal or not, you made a right and the guy behind you does have an obligation to not run into you.
That said, I wasn't there. If you were doing 30mph down the road, and slowed to 5mph to make the turn, all with a hard brake at the last second, and didn't have your signal on to warn the other driver you were going to slow down for a turn, then regardless of what the law may say, it would be your fault.
If you drove more normally, and slowed down gradually (ie your brake lights were on for more than a second), then he just wasn't paying attention and its his fault.
11-14-2008, 05:26 PM
#24
Drifting
Sorry you have to go through this. One point that is still unclear is that is appears the car behind you was trying to turn right via the shoulder...not an actual lane. Now I know you are suppose to use the shoulder or bike lane to turn right, but if a car in front of you merges as well to make a right, the car in the back should be at fault.
Good luck.
Good luck.
If the other driver is trying to duck under you by using a shoulder, he's an idiot and at fault... (excepting that your state may have traffic laws less modern than India)
11-14-2008, 08:26 PM
#25
Racer
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You described it as a 2-lane road with broken center line, then you said he may say you turned from the "center" lane rather than the right lane. I don't understand. Were there 2 lanes on your side of the center line, or one?
If there was one lane on your side of the road, I think you're safe, even if you didn't use your turn signal. The driver behind must drive with sufficient care and attention to safely respond to your actions.
If there was one lane on your side of the road, I think you're safe, even if you didn't use your turn signal. The driver behind must drive with sufficient care and attention to safely respond to your actions.
Does the law specifically say that one has to be in the red zone area before making a right turn? I see so many people making right turn without pulling the close to the curb.
