# Car accident, so whos at fault?



## jorgegofield (Jan 21, 2015)

i was coming into traffic from the backlane where its close by the stop light, the stop light was to my left, and it was red, the person in the traffic on the other side of the line going to my left has given me permission( gave me space in the middle) to keep moving forward into another backlane which is straight, the road has no divided lines meaning no white lines to seperate the traffic in one direction, but that side of the road seemed like it had a width for 1.5 cars but no specific white line is painted, so as i move on going into another backlane and behind the car infront of me going to my left of direction has stopped for me to go, another car beside it, just fit enough going passed it, and hit my sides. who was at fault?


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## Sweet Ping (Jan 20, 2015)

Did the asshole pass another car to the right of that car?
If yes, than he is at fault


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## jorgegofield (Jan 21, 2015)

hey sweet ping do u have a random email that i can send u the google maps and more info to?


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## Sweet Ping (Jan 20, 2015)

jorgegofield said:


> hey sweet ping do u have a random email that i can send u the google maps and more info to?


I am not an expert, but i heard that it's illegal to pass on the right if there is no dedicated traffic line


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## jorgegofield (Jan 21, 2015)

so its illegal to pass on the right of another vehicle if there is no divided white lines? but he was not to go directly infront of the car, just passing it.


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## jorgegofield (Jan 21, 2015)

google maps. just need google's url: 

maps/@49.938378,-97.132449,3a,75y,212.77h,51.37t/data=!3m4!1e1!3m2!1swocWF0uXvD6IdXSwWZk3RQ!2e0


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## jorgegofield (Jan 21, 2015)

where i came from:

maps/@49.938308,-97.132238,3a,75y,290.16h,61.63t/data=!3m4!1e1!3m2!1sxpUE8caEHOePa7mUC4xSzg!2e0


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## Sweet Ping (Jan 20, 2015)

jorgegofield said:


> so its illegal to pass on the right of another vehicle if there is no divided white lines? but he was not to go directly infront of the car, just passing it.


Did he squise between the stopped car and the curb and hit you as you were making a left turn?


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## jorgegofield (Jan 21, 2015)

he squeezed in between the stopped car and the curb while i was going straight into another back lane actually if that makes a difference


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## Sweet Ping (Jan 20, 2015)

jorgegofield said:


> he squeezed in between the stopped car and the curb while i was going straight into another back lane actually if that makes a difference


It should be illegal for him to do in my opinion


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## jorgegofield (Jan 21, 2015)

sorry very paranoid but yeah did u look at the links ?


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## jorgegofield (Jan 21, 2015)

there is no divided lines, hey im young and just got my license a few months ago, and i am devastated, really sorry for being annoying if so


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## Sweet Ping (Jan 20, 2015)

I don't know how to use that link


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## Sweet Ping (Jan 20, 2015)

I had accidents at fault and they don't raise your insurance too much and after 3 years they don't affect your insurance.
Good for you on doing recearch. You need to do your homework before giving any statements toyour or a bad guy's insurance.
If you are nor ready to talk, you can postpon if indefinitely before you prepare good story.
May be you could post it on reddit for advice 

They have lawyer subreddits there


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## jorgegofield (Jan 21, 2015)

(googles url)/theurl i gave


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## jorgegofield (Jan 21, 2015)

but the cost of repairs i cant afford rn, i dont know how insurance works and how its going to be dealt with


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## MiamiFlyer (Sep 22, 2014)

Coming off an access road (backlane), you are responsible to ensure it is safe to proceed regardless if you are going right, left, or straight ahead. Because one person waves you through, it does not make it safe to proceed across the entire roadway. The error has been made by many where one person waves you in, but the rest of the roadway is not safe to proceed across. 

The others drivers actions may likely be a contributing factor if ruled an unsafe pass, but based upon the description, I have you at fault.
I do have documented training in this area.


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## jorgegofield (Jan 21, 2015)

MiamiFlyer said:


> Coming off an access road (backlane), you are responsible to ensure it is safe to proceed regardless if you are going right, left, or straight ahead. Because one person waves you through, it does not make it safe to proceed across the entire roadway. The error has been made by many where one person waves you in, but the rest of the roadway is not safe to proceed across.
> 
> The others drivers actions may likely be a contributing factor if ruled an unsafe pass, but based upon the description, I have you at fault.
> I do have documented training in this area.


wait have u read the rest of my post as it was a 1 lane going that way as it had no dividing lines?


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## jorgegofield (Jan 21, 2015)

MiamiFlyer said:


> Coming off an access road (backlane), you are responsible to ensure it is safe to proceed regardless if you are going right, left, or straight ahead. Because one person waves you through, it does not make it safe to proceed across the entire roadway. The error has been made by many where one person waves you in, but the rest of the roadway is not safe to proceed across.
> 
> The others drivers actions may likely be a contributing factor if ruled an unsafe pass, but based upon the description, I have you at fault.
> I do have documented training in this area.


she just squeezed in between the stopped car and the curb


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## jorgegofield (Jan 21, 2015)

googles url /maps/@49.938378,-97.132449,3a,75y,213.09h,56.3t/data=!3m4!1e1!3m2!1swocWF0uXvD6IdXSwWZk3RQ!2e0

THIS IS THE LANE WHERE SHE SQUEEZED BETWEEN A STOPPED CAR AND THE CURB


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## MiamiFlyer (Sep 22, 2014)

Squeeze or no squeeze, it is up to you to ensure it is safe to proceed through this intersection.
What if that were just a bicyclist who was passing the car on the right? 
If you did not see the car coming at you, no way you would have seen a bicycle coming. 

It is on you, the person who did not have the right of way, to visually clear the entire roadway your are crossing.

Did the police respond?
Did they complete a report?


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## jorgegofield (Jan 21, 2015)

dont bikers have the same responsibilities? as there were not cyclist path, i thought cyclists were to have the same rules as a person driving a car?


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## MiamiFlyer (Sep 22, 2014)

Now imagine you are driving down a street.
You see a car stopped ahead, it looks to you like they are stopping to make a left turn on a residential street, and you wish to proceed straight ahead.
There's enough room for you to get by, so you pass them on the right.

Then Bam, you just T-bone some guy who pulled in front of you and you have no idea where he even came from.

How does that sound from the other perspective?
Is it your fault for passing the car you think is waiting to make a left?


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## MiamiFlyer (Sep 22, 2014)

Again, did the police respond?
Did they complete a report?


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## jorgegofield (Jan 21, 2015)

there is no divided line as they are not allowed to make a lane change or pass the other person at all no? it was a one lane therefore also the person did not have his signal on. she stopped while the red light is on also having no on coming traffic. so the person who moved and squeezed in that hit me could be at fault no? and we compiled a report yes


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## Bart McCoy (Nov 4, 2014)

MiamiFlyer said:


> Again, did the police respond?
> Did they complete a report?


THIS
could be the beginning of the end


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## jorgegofield (Jan 21, 2015)

yes i completed a report, and im to go to the insurance company on saturday, but i would like to rest my mind rn


Bart McCoy said:


> THIS
> could be the beginning of the end


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## MiamiFlyer (Sep 22, 2014)

And who's car was listed as Vehicle #1 in the accident report completed by Police?


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## jorgegofield (Jan 21, 2015)

oh no i just called the insurance company and compiled a report


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## jorgegofield (Jan 21, 2015)

i am to go explain the accident on saturday, i would like to know if i could use what she told me, against her. as i was asking her to call my house to tell them ive been into an accident because i dont have a cell, she kept repeating that "she has to go to work and that shes in a hurry


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## CityGirl (Nov 29, 2014)

Use everything against her.
In CA we call that the "suicide lane" for good reason. It's not legal (here) to drive there unless you are turning right, and then only for a few dozen feet. I note you are in Canada. I have zero idea what the traffic laws are there. But best of luck to you.


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## jorgegofield (Jan 21, 2015)

CityGirl said:


> Use everything against her.
> In CA we call that the "suicide lane" for good reason. It's not legal (here) to drive there unless you are turning right, and then only for a few dozen feet. I note you are in Canada. I have zero idea what the traffic laws are there. But best of luck to you.


thank you very much for lightening up my mood, lets hope its the same laws here.


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## Actionjax (Oct 6, 2014)

This link may help you.

http://www.insurancehotline.com/at-fault-rules/


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## Desert Driver (Nov 9, 2014)

Call Progressive. Those folks who drive around in those clearly marked cars are all accident reconstruction experts. In fact, the cops in most cities actually defer to the Progressive folks when trying to figure out whatthe**** happened in a crash. Those guys are amazing!


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## jorgegofield (Jan 21, 2015)

Actionjax said:


> This link may help you.


my case of accident is not there.
i was coming from a backlane to go straight to another backlane crossing the road, their light was red, and the person on the other side has given me room to move forward, her side of the street was a one lane, but it seemed big enough for 2 cars to fit. behind her were lines and lines of cars so vision was blocked behind them, as i was going forward to meet my destination which was the backlane, a random car came out of nowhere from the right of the stopped car and hit me.


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## MikeB (Dec 2, 2014)

jorgegofield said:


> my case of accident is not there.
> i was coming from a backlane to go straight to another backlane crossing the road, their light was red, and the person on the other side has given me room to move forward, her side of the street was a one lane, but it seemed big enough for 2 cars to fit. behind her were lines and lines of cars so vision was blocked behind them, as i was going forward to meet my destination which was the backlane, a random car came out of nowhere from the right of the stopped car and hit me.


1. What's "backlane"?
2. If you crossing the road and the vehicle moving on that road hits your car - you are at fault, IF THAT VEHICLE HAS "THE RIGHT OF WAY". I recommended you to either Google "The Right of Way" term, or obtain your province's DMV (Department of Motor Vehicles) Driver's Handbook.
3. Any crossing of any road with any "backlane" is regulated by either a stop sign, or a stop light. Based on that intersection regulation, one one car has "The right of Way". If there was a stop sign for both: the road and the "backlane" - the vehicle that arrived at the stop line (sign) first has the "Right of Way".
4. If you crossed that INTERSECTION on a red light - YOU ARE 100% AT FAULT.


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## CityGirl (Nov 29, 2014)

Actionjax said:


> This link may help you.
> 
> http://www.insurancehotline.com/at-fault-rules/


That is a killer resource.
THE WHOLE THING DEPENDS ON WHETHER THE OTHER PARTY WAS LAWFULLY DRIVING IN THAT RIGHT HAND CURB LANE (depends on your jurisdiction). If not...
The closest I can come here is to extrapolate from a few different rules.
Rule 18 says if a person is at fault if they are in violation of a no passing sign. This is the same as if they are in a no passing zone, as they were when passing on the right in a non-lane.
Rule 7 (although the passing illustration is on the left instead of, as here, the right) states that the car doing the passing is at fault.
Stating that the other driver was in violation of a no passing sign, even if there is no actual sign, is consistent with the policy in Rule 17.2 where someone who would otherwise NOT be at fault IS at fault if their car is illegally parked (i.e. not where it should be).

So, since the other driver was driving in either a non-lane, or a lane not permitted for passing, they should not even be there, so I would argue they are 100% at fault under the Canadian rules posted by Actionjax.


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## CityGirl (Nov 29, 2014)

Is this what you are describing? You are the tan car, the other car is the blue car.


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## CityGirl (Nov 29, 2014)

MikeB said:


> 1. What's "backlane"?
> 2. If you crossing the road and the vehicle moving on that road hits your car - you are at fault, IF THAT VEHICLE HAS "THE RIGHT OF WAY". I recommended you to either Google "The Right of Way" term, or obtain your province's DMV (Department of Motor Vehicles) Driver's Handbook.
> 3. Any crossing of any road with any "backlane" is regulated by either a stop sign, or a stop light. Based on that intersection regulation, one one car has "The right of Way". If there was a stop sign for both: the road and the "backlane" - the vehicle that arrived at the stop line (sign) first has the "Right of Way".
> 4. If you crossed that INTERSECTION on a red light - YOU ARE 100% AT FAULT.


In California, he would be partially at fault. The car in the suicide/curb lane does not have right of way if it is more than a certain distance from the intersection. You can only lawfully travel in that lane a few dozen feet prior to a right turn. However, anyone crossing traffic does have a duty to make sure it's clear. So dual liability.
In Canada, where this happened, they have a "should not have been there" rule, which we do not have. If that car should not have been passing on the right, that driver will be 100% at fault.


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## MikeB (Dec 2, 2014)

CityGirl said:


> In California, he would be partially at fault. The car in the suicide/curb lane does not have right of way if it is more than a certain distance from the intersection. You can only lawfully travel in that lane a few dozen feet prior to a right turn. However, anyone crossing traffic does have a duty to make sure it's clear. So dual liability.
> In Canada, where this happened, they have a "should not have been there" rule, which we do not have. If that car should not have been passing on the right, that driver will be 100% at fault.


Dude lives in Manitoba, Canada. Below is the link to the Manitoba's province Driver's Handbook. There's a 4-stop sign intersection rules there, as well as "The Right of Way" and the "Yield" sign intersection regulations, just as in California, or the US of A. I didn't see any "should have not been there" rules in that book.
Bottom line: he comes out of an alley (accordingly to your illustration). We have a plenty of alleys like this in San Francisco Mission District and Downtown (SOMA and Tenderloin). Usually the alley crosses the street and continues on. In 100% cases at the intersection of the alley with a street there is a STOP sign. And no matter who waves you what, is it your responsibility in ensure that by entering (and passing/crossing) the intersection you are not going to interfere with oncoming traffic from both directions: left and right. Simple STOP sign regulation.
If there was no STOP sign in the OP case, there must have been a "YIELD" sign, not so common in California, but very common in other states and countries, where the inferior road's (alley, "backlane", etc.) traffic must stop and yield to a the traffic on the superior road.
The fact the OP states that someone waved him GO on the superior road does not excuse his fault of proceeding the intersection with utmost caution not to interfere with oncoming traffic. The vehicle that hit him was that superior road oncoming traffic, where the driver did not have a STOP, or YIELD sign to be aware of the vehicles coming out of the inferior road (Alley, "backlane", etc.). Thus, the collision was cased by the OP not obeying the the traffic sign. He is at fault.
Again, the fact that someone waved him GO does not relieve him of responsibility of proceeding with caution, because any vehicle that travels on the superior road has THE RIGHT OF WAY.
Imagine, that it was not a car that hit him, but just a pedestrian crossing the intersection? Would his statement that he was waved GO by one of the drivers have any chance of being legitimate exuse to proceed crossing the intersection with superior road? Of course, not. 
He would be guilty of hitting a pedestrian, the same way he is at fault in this case.

http://www.mpi.mb.ca/en/PDFs/CompleteHandbook.pdf


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## Uzcaliber (Aug 22, 2014)

Here in Minnesota there is no 100% right away. Even if you are supposed to yield, but if you can prove another driver is intentionally or recklessly (high speed, DUI, etc) hit your car then you are not at fault. If you can't prove it, by default it's your fault. Read the police report and go from there.


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## jorgegofield (Jan 21, 2015)

CityGirl said:


> Is this what you are describing? You are the tan car, the other car is the blue car.
> View attachment 4123


yes sorry for the late reply


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## Just_in (Jun 29, 2014)

You are probably at fault. Judging by the description. Does not matter if the one driver was in a suicide lane or not. You crossed in on coming traffic. It's like trying to say the other person is driving on private property by using a suicide lane, whatever. The other driver was going straight in the flow of traffic, you were not.

Hopefully it works out for you. It's a shame something like this happened


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## Chris Dee (Nov 19, 2014)

Wait.... you live in Canada?? Don't you guys drive on the other side of the road?


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## Actionjax (Oct 6, 2014)

Chris Dee said:


> Wait.... you live in Canada?? Don't you guys drive on the other side of the road?


Only when you have been drinking


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## TeleSki (Dec 4, 2014)

In California, if there is room in the right lane for 2 cars, you must allow room for 2 cars. The 2nd car must be in that lane to turn right. It keeps traffic moving. One of my pet peeves is those who don't stop to the left side of the lane, and block people from turning right.


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## jorgegofield (Jan 21, 2015)

CityGirl said:


> Is this what you are describing? You are the tan car, the other car is the blue car.
> View attachment 4123


hi sorry u still there?


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