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Auto accident. Who is at fault.?
Car 1 is waiting to pull out of parking lot onto main street. Oncoming car 2 has blinker on to turn right into same lot. Car 1 pulls out onto street and is T-Boned by car 2, which does not turn into lot. Car 1 gets ticket. Is this right?
11 Answers
- Obi Wan KnievelLv 73 years ago
That's right, Car 1 is 100% responsible for the accident. And if the cops get involved, the driver of Car 1 gets charged with failure to yield right of way.
Traffic on a public road has right of way over traffic coming from a driveway every time, no exceptions. While traffic laws do vary between states and provinces, that one is the same just about everywhere in the world. As soon as they hear the description of the accident, Car 1's insurance company will accept all liability for the crash. They won't care about Car 2's turn indicator light, because it doesn't matter.
Of the hundreds of accidents I've investigated, this scenario is one of the most common. I've even been in exactly that type of accident (I was Car 1), because I trusted the flashing blinker too. That's how I found out that the blinker doesn't matter, in fact.
- oklatomLv 73 years ago
Yes, you were at fault. The driver may have accidently had his turn signal on, or was going to turn at an intersection. You should not have pulled out in front of a car with the right of way so you are at fault.
- lucyLv 73 years ago
Put simply, If car 2 had turned into the lot, then there would have been NO accident.
But when you saw the right turn blinker, you (assumed) that car 2 was going to turn right into the lot, but instead was most likely near an intersection or another parking lot, so was notifying (any) traffic of their intent to turn soon to make a right turn.
Car 2 was on the road and had the right of way. Since you was waiting to turn onto the street, then you have a (duty) to verify it is safe to pull out onto the street, (before) you pull out onto the street.
Thus you will be found at fault for failure to yield the right of way to car 2.
Source(s): retired auto adjuster - Anonymous3 years ago
* O N L Y * the involved insurance companies can ,do and will determine liability for an accident. You are wasting your time asking anyone else.
- StephenWeinsteinLv 73 years ago
Yes. A blinker just means that someone is turning soon. It does not mean that the are turning at the very next driveway. You cannot pull out just because you see a blinker.
- gLv 73 years ago
A driver should not and cannot assume another motorist's turn indications are true and will happen. Simply a bad practice. Car 1 most definitely is in the wrong due to the fact they impeded the path of car 2, hence causing the accident. This is true regardless of the turn indicator.
- Old Man DirtLv 73 years ago
I was taught to never assume a car was turning even when it has it's signal lights on!
Yes, car 1 is at fault. It was not supposed to enter the intersection until it was safe to do so. Because it got t-boned proves that it failed to yield right of way.
- Anonymous3 years ago
Car 1 is at fault, since they pulled into the path of an oncoming vehicle which had priority.
- Really ?Lv 73 years ago
Car 1 pulled out into on coming traffic so he is at fault. You never "assume" just because.