Who's at fault?
My boyfriend made a left turn with his signal on and everything. When he made the turn it was clear, the car was far away. Until he almost completed his turn, we saw the woman drive like a maniac towards us and I screamed, by the time my boyfriend could react to that, it was too late. The woman crashed into our car and her car rolled onto the grass. My car was smashed while her car wasn't damaged too much.
I know that when making a turn, I must yield. But the thing is, it was on a local road, and the car was far far away. I wonder if we really had to stay there and wait for the road to be completely clear which might have taken us the whole day. If the woman drove slower, nothing would have happened. She treated like a highway. I wonder if my boyfriend was at fault, or her, or it is a shared liability? Any input will be very much appreciated.
Answer:
Your boyfriend failed to yeild the right of way.
Sorry to hear of your accident but I'm glad nobody was seriously hurt.
I admit it. It was my fault.
you said it yourself, "when making a left hand turn across traffic, you must yield to all oncoming traffic" irregardless.
One is supposed drive with caution at all times.you had already starting making your left...she would have to been flying and not watching, are she could have slowed down..
I will say her fault.
The woman had the right-of-way and your boyfriend failed to yield to her, so your boyfriend is totally at fault. At the most, she could have been given a ticket for speeding, but without any proof....sorry.
If she was speeding, then it would be her fault because he judged the distance based on the speed limit. The speed can be determined by the damage to the vehicles and the length of the skid marks. If there are no skid marks, then it could be shown that she either was not paying attention to the road or that she did not even attempt to avoid the collision.
However, the law may look at it as shared fault because while she was speeding, he did not take the time to judge her speed.
If you turn into another lane of on coming traffic and your car is hit by someone in that lane, you are at fault. PERIOD. None of your excuses will help you win this case. The law is clear, yield to on coming traffic while making a left or right turn.
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