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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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who would be at fault here?
let's say you are at an intersection making a right turn. there is a light at that intersection, but you actually have a yield sign. the cars headed east/west have the green light. you are facing south, turning right to head west.
a car coming from the east, headed west, has their right turn signal on. there are no other cars coming, so you assume they are turning into the intersection to head north. you make the right turn.
the car headed westbound keeps going, does not make the right turn, and hits you.
who is at fault?
is it 50/50, or is is all your fault, or the other driver's fault? (assume there are witnesses that say the other driver did have their right turn signal on).
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Posted 5/13/08 10:52 AM  |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: who would be at fault here?
Just to be clear, you're saying that you were turning, the other guy was turning as well, but he changed his mind and decided to go straight and hit you?
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| Posted 5/13/08 10:55 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: who would be at fault here?
Posted by bicosi
Just to be clear, you're saying that you were turning, the other guy was turning as well, but he changed his mind and decided to go straight and hit you?
yup! well he didn't hit me but he almost did - and then leaned on the horn like i did something wrong!
i noticed a couple of blocks later that he finally turned off his turn signal. i am asking b/c i want to see if i did something wrong here - and if, in the case that he did hit me, who would be at fault.
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| Posted 5/13/08 11:08 AM |
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GoldenRod
10 years on LIF!
Member since 11/06 26792 total posts
Name:
Shawn
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Re: who would be at fault here?
As far as I know, indicator lights do not automatically mean they are turning. You should never assume someone is turning. I don't think it's the fault of the person going straight. I could be wrong (wouldn't be the first time), but I think it's the fault of the person making the turn.
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| Posted 5/13/08 11:09 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: who would be at fault here?
Posted by GoldenRod
As far as I know, indicator lights do not automatically mean they are turning. You should never assume someone is turning. I don't think it's the fault of the person going straight. I could be wrong (wouldn't be the first time), but I think it's the fault of the person making the turn.
honestly that's what i suspected, but if this guy had hit me i still would have been royally pizzed!!!
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| Posted 5/13/08 11:11 AM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: who would be at fault here?
Posted by headoverheels
Posted by bicosi
Just to be clear, you're saying that you were turning, the other guy was turning as well, but he changed his mind and decided to go straight and hit you?
yup! well he didn't hit me but he almost did - and then leaned on the horn like i did something wrong!
i noticed a couple of blocks later that he finally turned off his turn signal. i am asking b/c i want to see if i did something wrong here - and if, in the case that he did hit me, who would be at fault.
I just re-read your post. So he was just turning and there was no turn signal at that light? just 2 lanes? if that's the case, then he has the right of way because he was going straight.
He's a JERK though.
Message edited 5/13/2008 11:13:00 AM.
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| Posted 5/13/08 11:11 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: who would be at fault here?
When I was learning to drive, I came across scenarios like this, and my parents would always tell me, don't turn until you actually see them turn because they might go straight.
I think you would both be at fault. Him for failing to signal correctly and hitting you from behind. You for not yielding to the on coming traffic (even though you 'thought' he was turning.) Unfortunately, you can't assume someone will turn.
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| Posted 5/13/08 11:11 AM |
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GoldenRod
10 years on LIF!
Member since 11/06 26792 total posts
Name:
Shawn
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Re: who would be at fault here?
Posted by bicosi
Posted by headoverheels
Posted by bicosi
Just to be clear, you're saying that you were turning, the other guy was turning as well, but he changed his mind and decided to go straight and hit you?
yup! well he didn't hit me but he almost did - and then leaned on the horn like i did something wrong!
i noticed a couple of blocks later that he finally turned off his turn signal. i am asking b/c i want to see if i did something wrong here - and if, in the case that he did hit me, who would be at fault.
IMO, It was hit fault. He was IN the turning lane and then changed his mind and wanted to proceed going STRAIGHT while still being in a turning lane. I would think that if he hit you, he'd be wrong for going straight while still in a turning lane.
Had he been driving straight from the other lanes, he'd have the right of way.
Does that make sense? lol
There was no mention of a turning lane.
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| Posted 5/13/08 11:12 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: who would be at fault here?
toughie..he was not aware that his signal was on.
I call those people going around the world to the right (or left)..
I don't know the responsibility here.
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| Posted 5/13/08 11:13 AM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: who would be at fault here?
Posted by GoldenRod
Posted by bicosi
Posted by headoverheels
Posted by bicosi
Just to be clear, you're saying that you were turning, the other guy was turning as well, but he changed his mind and decided to go straight and hit you?
yup! well he didn't hit me but he almost did - and then leaned on the horn like i did something wrong!
i noticed a couple of blocks later that he finally turned off his turn signal. i am asking b/c i want to see if i did something wrong here - and if, in the case that he did hit me, who would be at fault.
IMO, It was hit fault. He was IN the turning lane and then changed his mind and wanted to proceed going STRAIGHT while still being in a turning lane. I would think that if he hit you, he'd be wrong for going straight while still in a turning lane.
Had he been driving straight from the other lanes, he'd have the right of way.
Does that make sense? lol
There was no mention of a turning lane.
You quoted me as I re-read her post. 
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| Posted 5/13/08 11:13 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: who would be at fault here?
Posted by headoverheels
let's say you are at an intersection making a right turn. there is a light at that intersection, but you actually have a yield sign. the cars headed east/west have the green light. you are facing south, turning right to head west.
a car coming from the east, headed west, has their right turn signal on. there are no other cars coming, so you assume they are turning into the intersection to head north. you make the right turn.
the car headed westbound keeps going, does not make the right turn, and hits you.
who is at fault?
is it 50/50, or is is all your fault, or the other driver's fault? (assume there are witnesses that say the other driver did have their right turn signal on).
If they had the green light you are 100% at fault. It doesn't matter if they had a turn signal on or not.
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| Posted 5/13/08 11:13 AM |
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2BEANS
wow time is going fast.
Member since 9/07 16106 total posts
Name:
Tina
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Re: who would be at fault here?
not sure who would be at fault, but this is the reason why i just wait and dont assume that the person is going to turn b/c of the signal.. Ive seen so many times people leaving their turning light on for miles.
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| Posted 5/13/08 11:15 AM |
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GoldenRod
10 years on LIF!
Member since 11/06 26792 total posts
Name:
Shawn
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Re: who would be at fault here?
Posted by bicosi
You quoted me as I re-read her post.
I have a quick trigger finger..... 
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| Posted 5/13/08 11:15 AM |
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Karebaby
Precious
Member since 10/06 5304 total posts
Name:
Karyn
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Re: who would be at fault here?
Posted by GoldenRod
As far as I know, indicator lights do not automatically mean they are turning. You should never assume someone is turning. I don't think it's the fault of the person going straight. I could be wrong (wouldn't be the first time), but I think it's the fault of the person making the turn.
I think that is correct.
That's not to say I wouldn't be mad as he!! for the idiot not turning off his blinker.
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| Posted 5/13/08 11:18 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: who would be at fault here?
Posted by bicosi
Posted by GoldenRod
Posted by bicosi
Posted by headoverheels
Posted by bicosi
Just to be clear, you're saying that you were turning, the other guy was turning as well, but he changed his mind and decided to go straight and hit you?
yup! well he didn't hit me but he almost did - and then leaned on the horn like i did something wrong!
i noticed a couple of blocks later that he finally turned off his turn signal. i am asking b/c i want to see if i did something wrong here - and if, in the case that he did hit me, who would be at fault.
IMO, It was hit fault. He was IN the turning lane and then changed his mind and wanted to proceed going STRAIGHT while still being in a turning lane. I would think that if he hit you, he'd be wrong for going straight while still in a turning lane.
Had he been driving straight from the other lanes, he'd have the right of way.
Does that make sense? lol
There was no mention of a turning lane.
You quoted me as I re-read her post.
actually now that i think about it there is a turning lane for people making a right turn - i am not sure if he was in it or not, does that make a difference?
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| Posted 5/13/08 11:22 AM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: who would be at fault here?
I'd be ******, but I think it would be your fault.
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| Posted 5/13/08 11:23 AM |
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bicosi
life is a carousel
Member since 7/07 14956 total posts
Name:
M
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Re: who would be at fault here?
Posted by GoldenRod
Posted by bicosi
You quoted me as I re-read her post.
I have a quick trigger finger.....
Obviously! LOL
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| Posted 5/13/08 11:24 AM |
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GoldenRod
10 years on LIF!
Member since 11/06 26792 total posts
Name:
Shawn
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Re: who would be at fault here?
Posted by headoverheels
actually now that i think about it there is a turning lane for people making a right turn - i am not sure if he was in it or not, does that
make a difference?
I would imagine it would. The turning lane has a solid line on the left of the lane, meaning you can't cross it. I don't think you can legally go from a turning lane to the straight lane. Plus, being in the turning lane shows a clear decision to turn. I'm not a lawyer, so I'm just surmising, but that would be my guess.
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| Posted 5/13/08 11:29 AM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: who would be at fault here?
I still think it would be all or mostly the turner's fault, even with the turning lane. When you're the one entering a roadway it's your responsibility to make sure it's clear and not rely on turn signals. In FL people drive with them on for miles!
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| Posted 5/13/08 11:31 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: who would be at fault here?
Posted by JenniferEver
I still think it would be all or mostly the turner's fault, even with the turning lane. When you're the one entering a roadway it's your responsibility to make sure it's clear and not rely on turn signals. In FL people drive with them on for miles!
he had the turning lane, not me still not sure if he was in it. i am just glad there was no accident this time. next time i am going to be more careful!
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| Posted 5/13/08 11:34 AM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: who would be at fault here?
Posted by headoverheels
Posted by JenniferEver
I still think it would be all or mostly the turner's fault, even with the turning lane. When you're the one entering a roadway it's your responsibility to make sure it's clear and not rely on turn signals. In FL people drive with them on for miles!
he had the turning lane, not me still not sure if he was in it. i am just glad there was no accident this time. next time i am going to be more careful!
yes! phew! be glad!
I guess maybe since he was in a turning lane and then going straight he was technically re-entering the roadway too.
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| Posted 5/13/08 11:36 AM |
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