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Who would have been at fault.

Discussion in 'Off-Topic Discussion' started by Leadgolem, May 27, 2010.

?

Would I have been at fault?

Poll closed Jun 26, 2010.
  1. Yes

    2 vote(s)
    4.2%
  2. No

    46 vote(s)
    95.8%
  1. May 27, 2010 at 11:31 PM
    #1
    Leadgolem

    Leadgolem [OP] Well-Known Member

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    EDIT: Sorry if this is in the wrong section or something, but I'm a little rattled.

    I almost got in an accident tonight and wanted to make sure I wasn't the one being an idiot.

    Ok, so I'm driving down the access road that goes to all the parking lots. I don't have a stop sign. Neither does the guy coming from the parking lot. I'm doing 15. He's doing a bare minimum of 25, probable closer to 30. He doesn't stop coming out of the parking lot. Once I realized he wasn't going to I slam on my breaks.

    The access road is well illuminated, but the parking lot isn't.

    In this case, I did manage to stop before hitting him. Only by about 18 inches or so, but I did stop. He wasn't able to. He was half way out into the road before he could. It's two lanes.

    If I hadn't been able to stop for some reason, would I have been at fault or would he have been? My understanding is that if you are exiting a parking lot onto any kind of road whoever is on the road has the right of way.

    I hope some of the law enforcement guys here will weigh in.
     
  2. May 27, 2010 at 11:39 PM
    #2
    BakoTruck

    BakoTruck Well-Known Member

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    Yeah I think you had the right of way, free moving traffic.
     
  3. May 27, 2010 at 11:47 PM
    #3
    mntbiker2008

    mntbiker2008 First I derp.. then I herp

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    just trying to picture in my head the scenario i would say he woulda been at fault. you were traveling straight where as he would have had to turn meaning, he needs to stop to make sure traffic is clear before entering said access road that you are traveling.
     
  4. May 27, 2010 at 11:51 PM
    #4
    only_K

    only_K 1st Gen. Pride

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    Yea if your going straight you have the right of way in that situation.
     
  5. May 28, 2010 at 1:32 AM
    #5
    DDD

    DDD Shine bright like a hymen

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    Please post a picture of the google maps satellite view of this parking lot & street. Please put marks where the 2 vehicles were heading.
     
  6. May 28, 2010 at 1:51 AM
    #6
    1WhiteTaco

    1WhiteTaco Well-Known Member

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    His fault. He needs to stop for moving traffic.
     
  7. May 28, 2010 at 1:53 AM
    #7
    Viet2100

    Viet2100 Well-Known Member

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    Would have been his fault. Did you need a new bumper?? ;)
     
  8. May 28, 2010 at 1:54 AM
    #8
    jhodge83

    jhodge83 Any dog under 50# is a cat and cats are useless... Moderator

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    wat?
    sounds like he needs new underwear and possibly new seat fabric
     
  9. May 28, 2010 at 2:39 AM
    #9
    Janster

    Janster Old & Forgetful

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    Define 'access road'......?

    Does the 'access road' have a street name? If not, then its questionable whether its the 'right of way' situation.

    What's the speed limit of the access road/parking lot? If he was speeding, might be enough to cause fault on his behalf.
     
  10. May 28, 2010 at 3:35 AM
    #10
    gupster88

    gupster88 Well-Known Member

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    i say you would not have been at fault. he was turning onto your road of travel. therefore he has to yield to you.
     
  11. May 28, 2010 at 3:49 AM
    #11
    Leadgolem

    Leadgolem [OP] Well-Known Member

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    No posted speed limit. This is an old mall, so "access road" means a two lane road with no name that wraps around 3 sides of the build and provides access to the various parking lots.

    Thank you for asking for this. There was something screwy about this near accident that I couldn't put my finger on. When I started plotting the vehicle paths though it cleared up. He was in the left lane.

    Paths start,as near as I can remember, at the point I noticed him moving. His is red, mine is blue. The colors lighten at the point where I was sure he wasn't going to stop and slammed on my breaks. Really glad I replaced them when I got my truck now. :) The yellow outlined area is a slope. The black dotted part of the lines is where he should have been able to see me. I've driven in that parking lot in a grande prix and the height of his car looks about the same. The entrance to parking lot he is coming out of slopes upward to meet the access road. Only a couple feet though.

    nearaccident.jpg

    What I now realize is that, since he bypassed all the speed bumps and was in the left lane, he was to close to the slope during the critical point where he should be decelerating to stop for traffic to see me. I was up on the slope so I could see him the whole time. By the time he could see me it was to late for him to stop. He couldn't tell I was there by light reflection on the road because of the excellent light coming off the side of the parking structure on the right.

    So basically he did a suicide turn. He was going to fast to stop and there was no way he could see if there was traffic.

    Definitely not my fault if I had hit him then. Still glad I didn't.
     
  12. May 28, 2010 at 5:46 AM
    #12
    mntbiker2008

    mntbiker2008 First I derp.. then I herp

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    yeh def. would have been his fault
     
  13. May 28, 2010 at 5:48 AM
    #13
    rjclemen

    rjclemen Well-Known Member

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    Roads > Parking lots
     
  14. May 28, 2010 at 6:27 AM
    #14
    Jimmyjohn

    Jimmyjohn Well-Known Member

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    I'd much rather stop than take the chance the the other guy won't. They may not have insurance.
     
  15. May 28, 2010 at 7:56 AM
    #15
    thebigk

    thebigk 6 Double 5 3 2 1

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    I don't know about the laws in CO....but here in NM....if there's no stop sign or not....you still must make a complete stop when exiting a parking lot.
     
  16. May 28, 2010 at 7:58 AM
    #16
    Brunes

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    But that's not an "intersection" It's an access from a private lot to a public road.

    If you hit him broad side- It would probably be some apportioned blame. He'd be mostly at fault but depending on where you hit him and speeds involved you could be assigned some blame too.
    If you hit him in the rear or side in the back end- you might be found more at fault...If you clipped his front end- Maybe not at fault at all. But those are all legal technicalities for the insurance companies to fight about.

    For the most part-I'd say he was to blame and either way- you made the right reaction by stopping, even if he was in the wrong. Insurance is great- IF something happens. But avoiding the situation all together is FAR better.
     
  17. May 28, 2010 at 8:00 AM
    #17
    ImpulseRed008

    ImpulseRed008 Gone But Not Forgotten

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    I'm pretty sure he would have been. Glad you were able to stop and avoid an accident.

    Where are our law enforcement folks? I'd like to see what their response is....
     
  18. May 28, 2010 at 8:01 AM
    #18
    scottri

    scottri Well-Known Member

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    I took out some guys Datsun pick up with my 65 Oldsmobile once in the same situation. He tried to sue me, and I won. I had the right of way, it was his duty as a driver to check for oncoming traffic before pulling out. The funny part was that I didn't care about the damage to my car, it was a beater but he got all upset claiming it was my fault. By the time it was done he ended up paying me more for the damage to my car than the car was worth. I think he paid me $700 for a car I paid $100 for.
     
  19. May 28, 2010 at 10:45 AM
    #19
    Brunes

    Brunes abides.

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    Honestly- LEO's don't decide or adjudge blame.

    They just write a report. It'll have a little diagram of the intersection or road with 'X' and 'O' and direction of travel arrows and a narrative.
    The insurance companies use that info to fight between themselves who is at fault...

    Their insight into the situation is still helpful- but even their opinions/impressions could be different than the final result.
     
  20. May 28, 2010 at 10:53 AM
    #20
    DevL

    DevL Well-Known Member

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    In Texas, traffic laws do not exist in parking lots and private drives. There would be no ticket. The at fault unit is always unit 1, unless its a commercial vehicle, then its unit 1. So yes, in a way we assign at fault but the insurance companies would have figured out who pays what themselves. If there was under $1000 in damage to both vehicles, most officers are not going to write a report in that situation and will just have you do a blue form (driver accident report) but that just gives you a wreck on your record with no advantage... better off just reporting it to your insurance company and the other driver's insurance.
     
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