Question on right of way.... - Page 2

DiabeticKripple · #31 11-02-2012, 07:06 AM

I wasn't even mad! I just honked to say "hey you almost caused an accident" and as I got out of my car he was drivin by and we had a staring contest. I won

Big Daddy Badger · #32 11-02-2012, 07:10 AM

Quote:

Originally Posted by DiabeticKripple

I wasn't even mad! I just honked to say "hey you almost caused an accident" and as I got out of my car he was drivin by and we had a staring contest. I won

Fuggetaboutit.

You didn't do anything wrong and that guy must not have read the whole post or maybe he just mis-understood.

colin455 · #33 11-02-2012, 07:34 AM

[QUOTE=silverdoctor;1679255]

There is one thing i'd like to see the police start doing. Have the road test on some hand held device - 5 or 10 random questions only. When the police pull someone over, give them a quick road test while they are writing a ticket. You fail, you're going to a testing center.[/QUOTE]

YES! Great idea. I love it. I was advocating a retest every 5 years after dealing with drivers up here. I swear they are just photocopying one licence and handing them out. Some pretty poor driving skills over the last few yeard. Common sense stuff too.
Yours is actually doable. You could tie the test results to a ticket number and the applicable drivers information would be there too.
This, I'd like to see happen. Too many basic, basic mistakes happening.
I'm not perfect either and make the occasional mistake, but wouldn't protest taking the roadside test if caught at that time.

Jimboy · #34 11-02-2012, 07:37 AM

Quote:

Originally Posted by DiabeticKripple

here is my pic. im proud of it for being done on a laptop

Thats easy , you have the right of way if you stay in the right lane , curb side, if you crossed over to the outside lane , then its your fault , the other driver has to stay in the outside lane left lane to him , he would have been charged if you were in the right curb lane , coming from pro driver 35 years experience.

mayuan · #35 11-02-2012, 09:48 AM

Quote:

Originally Posted by Jimboy

Thats easy , you have the right of way if you stay in the right lane , curb side, if you crossed over to the outside lane , then its your fault , the other driver has to stay in the outside lane left lane to him , he would have been charged if you were in the right curb lane , coming from pro driver 35 years experience.

Agreed, the intersection has two lanes, one for you and one for the other driver. Who ever crossed to the other lane would be at fault.

That being said the insurance would claim it as a 'no fault' no matter what happened(if each person said the other did it). This way your rates will go up(and should not) and they don't have to fix anything(unless you have comprehensive insurance) or have any injury claims. In the long run if you have to deal with insurance the accident would be the most pleasant part.

Dacotensis · #36 11-02-2012, 10:52 AM

In the event of an accident, and you are "in the right", it would help if the od was charged with an offense. Ie, unsafe left turn, fail to signal to come into the curb lane etc. With this ticket and charge, it would have more bearing with your insurrance co. and you may not be at fault-leaving od's insurrance to p/u the tab.
Bear in mind though, that there is this little law called "last opportunity" or something like that.
If a driver fails to take an opportunity to avoid a collision, for example just being ignorant and hitting a back passenger side/end of a vehicle that turned in front of her when applying brakes would have helped, then this person could be at fault.

nekred · #37 11-02-2012, 11:10 AM

I can't see the pics but the way I understand the left turning driver turned into his lane and you turned into your right lane.

In this case of your lane ends then you have to signal and merge into other lane. If his ends then same for him....

Could be charged with improper lane change causing an accident...goes to whover had the duty to change...

Courtesy and law are two different things.... I see people speeding up to block people merging and this is very discourteous but not illegal. People merging should be like a zipper in heavy traffic and both people should adjust their speeds accordingly to help traffic flow...

I wish that every license renewal people had to do a driving course and road test.

RavYak · #38 11-02-2012, 02:12 PM

As mentioned it likely would have been ruled no fault especially since you would have hit him.

I am guessing the road was icy or covered in snow?

nekred · #39 11-02-2012, 04:13 PM

Also ROW issues not the only consideration in an accident. increasingly today it is also coming down to preventability. there are lots of myths with acidents and who is at fault. You can be 100% in the right and if you are impaired you are automatically at fault... or if your insurance, registration or license is expired then you are at fault because it is deemed you should not have been on the road in the first place.

In the end it comes down to who the judge believes. I have seen a situation where there was an accident form someone following too close/driving too fast for conditions and deciding to pass on the left on an icy roadway and run into the tractor...

Story from third party coroborated by two witnesses was that tractor trailer cut across three lanes turning left at 80k and sideswiped him.

This would be a physical impossibility because of the icy conditions, turning radius of truck, damage locations on vehicles and even though we had an accident reconstruction done...Judge took the other story because there were two witnesses and even though their testimony conflicted.,.. nothing we could do..they both said under oath that the story of the third party was plausible judge then went on a big diatribe about transport companies and his bias was obvious.... we could have spent more legal fees and appealed but.... in past no appeal was ever won on that court on traffic collision judgements...

The mistake was in this case was the driver did not report incident to insurance until Monday when it occured on Saturday so other insurance company had all their ducks in a row first even though the third party apologised at the scene... once Monday came story then changed....

canadiantdi · #40 11-02-2012, 04:28 PM

Quote:

Originally Posted by nekred

Also ROW issues not the only consideration in an accident. increasingly today it is also coming down to preventability. there are lots of myths with acidents and who is at fault. You can be 100% in the right and if you are impaired you are automatically at fault... or if your insurance, registration or license is expired then you are at fault because it is deemed you should not have been on the road in the first place.

So if I know for a fact that someone who I hate let their registration expire, I can blow a red light and t-bone them and it would be considered their fault? As long as I don't tell anyone my plan.........

TheClash · #41 11-02-2012, 04:37 PM

Quote:

Originally Posted by nekred

I can't see the pics but the way I understand the left turning driver turned into his lane and you turned into your right lane.

In this case of your lane ends then you have to signal and merge into other lane. If his ends then same for him....

Could be charged with improper lane change causing an accident...goes to whover had the duty to change...

Courtesy and law are two different things.... I see people speeding up to block people merging and this is very discourteous but not illegal. People merging should be like a zipper in heavy traffic and both people should adjust their speeds accordingly to help traffic flow...

I wish that every license renewal people had to do a driving course and road test.

look at the drawing and photo again....it is a single lane road. both drivers are turning from a multilane road onto a single lane road. The OP was in the right, as both lights were green and the OP was turning from the righthand lane into a single lane road. the other driver was turning left crossing lanes of traffic onto a single lane road...so the OP has the right of way.

winged1 · #42 11-03-2012, 09:45 AM

Quote:

Originally Posted by pesky672

Fuggetaboutit.

You didn't do anything wrong and that guy must not have read the whole post or maybe he just mis-understood.

There's little to misunderstand, this thread is a pathetic attempt to support someone with poor driving habits. The driver with the right of way would have seen the other vehicle coming, as it was in motion within the intersection for a much longer time, and to have proceeded into a potential accident is NOT a recommended strategy, even for poor drivers. To push, honk, and harass is one of the poorest of poor skills. I'm sorry to see you're ok with that.

canadiantdi · #43 11-03-2012, 10:35 AM

Quote:

Originally Posted by winged1

There's little to misunderstand, this thread is a pathetic attempt to support someone with poor driving habits. The driver with the right of way would have seen the other vehicle coming, as it was in motion within the intersection for a much longer time, and to have proceeded into a potential accident is NOT a recommended strategy, even for poor drivers. To push, honk, and harass is one of the poorest of poor skills. I'm sorry to see you're ok with that.

So you think it's OK to turn left and cut someone off who legally has the right of way? And for the person to honk is unacceptable? How about lay blame with the person who turned left when they shouldn't have? You sound like a crappy driver who cries when people honk at you.

heybert · #44 11-03-2012, 11:11 AM

must be a driver from Quebec. Aparently, the rules are different there........and you get bonus points for hitting pedestrians

winged1 · #45 11-03-2012, 01:09 PM

Quote:

Originally Posted by canadiantdi

So you think it's OK to turn left and cut someone off who legally has the right of way? And for the person to honk is unacceptable? How about lay blame with the person who turned left when they shouldn't have? You sound like a crappy driver who cries when people honk at you.

It's a simple case of exposure, someone exposes themselves and another jumps on thier back. Good life, hope your happy.

RavYak · #46 11-03-2012, 02:52 PM

Quote:

Originally Posted by TheClash

look at the drawing and photo again....it is a single lane road. both drivers are turning from a multilane road onto a single lane road. The OP was in the right, as both lights were green and the OP was turning from the righthand lane into a single lane road. the other driver was turning left crossing lanes of traffic onto a single lane road...so the OP has the right of way.

Right of way doesn't tell the complete story in determining fault. Even if another vehicle doesn't completely follow the rules of the road you aren't just allowed to crash into them. For example if a car gets stuck in an intersection you can't just ram them because your light is now green...

There isn't enough information in this instance to fully determine fault and depending on the van drivers plea it could easily be determined a no fault accident especially if the roads were not in good condition.

The reason that I say this is that the driver of the van would likely try to put blame on the op for driving too fast for the conditions and coming up faster then expected and not making an effort to avoid the crash or the van driver might claim that the light was not green and that he was clearing the intersection(in which case he would have the right of way). This could be complete hogwash but especially if the primary contact was the op's car striking the rear quarter/side of the van then it can be hard to disprove. Any time that you are in the vehicle that is doing the striking then there is a chance that you will be found either at fault or no fault even if it was in fact the other drivers fault.

Now for an example, I had a taxi driver show me a clip of an accident he was in. It was kind of similar to the ops situation, the road was icy and there was a semi in the intersection blocking the other cars view of oncoming traffic. The driver thought it was clear and pulled out in front of the taxi. The taxi driver was almost found at fault for tboning the other car even though he had the right of way(green light and travelling straight through it). The reason he almost was found at fault is that the other driver plead that the light had changed and he was clearing the intersection. The only thing that got the driver off the hook was that he had caught the whole thing on tape via a dash cam.

Being a safe driver isn't necessarily about following all the rules of the road. And fault doesn't matter if you or someone with you is severely injured etc. You have to be able to interpret dangerous situations and recognize that people make mistakes and know how to avoid them, in this case even though the OP had the right of way it sounds like he could have slowed down a little bit more before taking the turn or paid more attention to the van starting to turn(van had a long ways to turn on that intersection, should have seen it coming).

DiabeticKripple · #47 11-03-2012, 03:11 PM

roads were dry, i wasnt going fast at all. as far as im concered, the van is lucky i saw him because i shouldve been looking where i was turning. i saw him out the corner of my eye. if he was a bit behind me, he totally wouldve hit me.

based upon everything everyone is saying in this thread, and based on what actually happened, i believe i had ROW and that it wouldve been 100% his fault for not yielding to me.