Apologies if this is in the wrong thread - it's the closest I could find to my dilema (I was charged with careless driving). I understand form the Fault Determination Rule: "If the incident occurs when automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“BÃƒÂ¢Ã‚â‚¬Ã‚Â is entering a road from a private road or a driveway and automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“AÃƒÂ¢Ã‚â‚¬Ã‚Â is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“AÃƒÂ¢Ã‚â‚¬Ã‚Â is not at fault and the driver of automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“BÃƒÂ¢Ã‚â‚¬Ã‚Â is 100 per cent at fault for the incident."
My question is: would the rule still apply if automobile A is not driving in the regular lanes, but instead crossed a solid yellow line to bypass cars and then struck automobile B?
- I was exiting a driveway on the north side of the road, intending to go east.
- In order to get to eastbound lanes, I must cross westbound lanes and center lane (solid yellow lines)
- Westbound traffic was stopped due to a red light further ahead, so the cars in the westbound lanes let me through.
- After crossing the westbound lane I was struck by a car who decided to cross the solid yellow line and bypass the stopped cars in order to get to the designated left turn lane of the intersection quicker.
As a result I was deemed "at fault" and charged with careless driving. I fought the ticket and the prosecutor had the charge withdrawn (whew!), but my insurance rates have now gone up due to being "at fault". I understand the determination rule is pretty much black and white, and if the car that stuck me were in the normal lanes I couldn't do a thing about it. But considering where automobile A was driving when I was stuck, does the rule still apply?
Photo of incident:
Thanks in advance!
If automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“BÃƒÂ¢Ã‚â‚¬Ã‚Â is leaving a parking place or is entering the road from a private road or driveway, and if automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“AÃƒÂ¢Ã‚â‚¬Ã‚Â is overtaking to pass another automobile when the incident occurs, the driver of automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“AÃƒÂ¢Ã‚â‚¬Ã‚Â is not at fault and the driver of automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“BÃƒÂ¢Ã‚â‚¬Ã‚Â is 100 per cent at fault for the incident.