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-   -   Car accident, is it my fault? (https://www.allfordmustangs.com/forums/4-6l-talk/332900-car-accident-my-fault.html)

xxstarspyxx 02-29-2012 09:51 PM

Car accident, is it my fault?
 
Guys I am giving my statement to the insurance company tommarow, this is my going to my statement:

Based on this do you think its my fault?

9:30 AM monday morning, bright and sunny
I was traveling west and had to make a left onto a virgina rd, a car in front of me made a left, and i was up next. I turned left and went about 2 feet into the other lane to make the left, thats when i saw this lady in a benz speeding downhill east. She was comming down too quickly so I completely stopped and decided to let her pass. In my judgement there was clearly enough space for her to go past me..

Now for some reason she thought i was going to keep going and so she decides to swerve her car left. I have no idea why she did that, maybe its because she was speeding idk...I am assuming its because she was speeding and the sun was pretty bright that morning and she was traveling east, so maybe she was kinda blinded and saw me at the last minute and decided to swerve left and ram right into me...

So she hits my right fender and her passenger side is completley hit, her engine bay is fully damaged, my car doesn't look as bad as hers..

But my main points are going to the fact that shes a 60 year old driver, she was clearly speeding, the sun was bright that day = a high chance of her being blinded.

And the reason why i think shes at fault is because she stupidly swerved left, there was clearly enough space for her to pass by but idk why she swerved left...
Car A is me, car B is her
here is the diagram (Sorry drew it on my cell phone lol)
http://i1097.photobucket.com/albums/...x/accident.png

http://i1097.photobucket.com/albums/...2-06094906.jpg

as you can see her right side is completley damaged, if she dint swerve left and hit me normally either her full front side woulda have gotten hit and or a left side.

Derfdog15 02-29-2012 09:56 PM

from what you described it seems she was at fault, do you have a police report, here in Florida the 1st car listed is the at fault vehicle, not sure how it is in VA however.

Fillup96GT 02-29-2012 10:06 PM

You're just going to get a whole bunch of internet lawyers on here, and no real solid proof.

I would bet you are the at fault driver even though the stupid old hag swerved the wrong way you were still in her lane.

I would make sure you tell everyone you were not in her lane.

Hockeyman48 02-29-2012 10:10 PM

There could be an issue with you crossing center line of roadway (2 ft.) making the other driver decide how to react accordingly.Not sure if you admitted to being over center line to police and if this possibly puts you to blame but like you stated some drivers dont belong on the road.Hope all works out well with you and your car.

Nick F 02-29-2012 10:10 PM

Quote:

Originally Posted by Fillup96GT (Post 2944021)
You're just going to get a whole bunch of internet lawyers on here, and no real solid proof.

I would bet you are the at fault driver even though the stupid old hag swerved the wrong way you were still in her lane.

I would make sure you tell everyone you were not in her lane.

He would have been able to make the turn had she not been speeding.

Howelldaddy 02-29-2012 10:11 PM

Sorry to say it, but I think you will be held at fault. You made a left turn in front of an oncoming vehicle. Her speed may be a factor, but you still turned in front of an oncoming vehicle, and should not have until it was safe. Yoy got hit, so it wasn't safe. And I take offense at you're statement about her age. I'm 64 and I consider myself an excellent driver. I have been in 3 accidents in 47 years of driving and only one was my fault. And I race at a sanctioned NHRA facility with reaction times that are competetive with 20 yr olds.

Derfdog15 02-29-2012 10:17 PM

^on in a million, my first accident of two (yeah i fit the teenager steryotype) was because a 70 year old man pulled out in front of me, less than 40 feet in front, while i was going 50, and claimed he didnt see me. wouldnt have had to go through all that if he had been forced to take courses/tests to make sure he was a competent driver.

the second my ex GF backed into my stationary car, so that sucked.

Again check the report, and dont ever admit fault.

kids96gt 02-29-2012 10:21 PM

I'm pretty sure you will be at fault because YOU pulled out into on coming traffic. even if she swerved and hit you, YOU pulled out in front of her.

xxstarspyxx 02-29-2012 11:57 PM

Thanks for the replies, i never crossed any type of lines to make this turn btw, also only 2 feet of my car was on the other lane, i saw her speeding down so i completley stopped so idk whats going to happen

xxstarspyxx 03-01-2012 12:00 AM

& Sorry the picture is misleading , i included those dash lines to show that where i made the turn those lines ended for the turn, there are no lines where i made the turn

kids96gt 03-01-2012 12:07 AM

if any part of your car crossed the line( and you just said it did) its your fault because you pulled into on coming traffic. even though she was speeding. think about it, 2 feet of your car in another lane, IS ALOT.

sorry about it man, it sucks..but its all part of driving.

xxstarspyxx 03-01-2012 12:12 AM

Quote:

Originally Posted by kids96gt (Post 2944271)
if any part of your car crossed the line( and you just said it did) its your fault because you pulled into on coming traffic. even though she was speeding. think about it, 2 feet of your car in another lane, IS ALOT.

sorry about it man, it sucks..but its all part of driving.

Thanks for the reply, but i meant that I din't cross any type of line, when i pulled left, it there was no lines there, but your right 2 feet of my car in another lane is a lot though

DJAlsip 03-01-2012 12:14 AM

As I see it, both are at fault. You going over the line was the main cause of the accident, though her speeding along with her swerving to the left may be a result of stress, misconception, and lack of reaction. She probably did not see you early enough and reacted before thinking, causing her to swerve in the wrong direction and hit you. In the end I think the judge will say you are at fault because you had crossed the line slightly and you are the younger driver with less experience. I guess we will just have to wait and see. After the case is closed you should come back and tell us the result.

xxstarspyxx 03-01-2012 12:17 AM

Quote:

Originally Posted by DJAlsip (Post 2944285)
As I see it, both are at fault. You going over the line was the main cause of the accident, though her speeding along with her swerving to the left may be a result of stress, misconception, and lack of reaction. She probably did not see you early enough and reacted before thinking, causing her to swerve in the wrong direction and hit you. In the end I think the judge will say you are at fault because you had crossed the line slightly and you are the younger driver with less experience. I guess we will just have to wait and see. After the case is closed you should come back and tell us the result.


Yep i will let you guys know, but once again i think I said it wrong, but I din't cross any type of line, would that change anything?

Here is a better pic: http://i1097.photobucket.com/albums/...accident-1.png

kids96gt 03-01-2012 12:17 AM

line, no line..you get the idea. its still another lane you pulled into.


I was actually witness to an accident that happened a few days ago, I was behind a guy waiting to pull into a road, and a guy on a bike ride through the street while this guy was already pulling out, and i guess he noticed the guy on the bike after he started pulling out and slammed on the breaks and another car impacted him. his car was two weeks old. it caused a three car pile up and it was deamed his fault because he pulled into the street blocking another car.



nothing to do but maybe hope the insurance company will see it differently, and chalk it up n the board as a lesson.


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