Accident: Opposite driver was driving west in an eastbound left turn lane

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elisabethdivine
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Accident: Opposite driver was driving west in an eastbound left turn lane

Unread post by elisabethdivine on

I was in an accident yesterday and I'm unsure who is at fault.

I can't find any information regarding intersections that have the sign "Do Not Block Intersection".

I was facing south, turning left onto a road trying to go east.

The cars driving westbound stopped and left room because there was a sign that said "Do Not Block Intersection".

I proceeded into the intersection to turn left, looking both ways. There was nobody going both ways (I didn't expect anybody to come from that lane since it was meant for people driving east, but I still checked and nobody was there). I then let go of my break to proceed to make the left turn. The lane in front of me was a left turn lane for people driving east.

A woman driving west, drove into the left lane for people driving east and as I let go of my break, then crashed into her. She was driving very fast and I wasn't even sure where she could have possibly came from.

The insurance said the most they can try to do is 50/50 because I was supposed to wait for the road to clear. But have I been mistaken this entire time, thinking that the "Do Not Block Intersection" was for people going into the small road and also coming out to turn right or left? Can someone find me the law that states you are not allowed to leave a small road and turn left, if other cars do not block the intersection? I've been looking and I cannot find anything. I'm so confused!

I feel like it should be her fault since she was driving west in a lane meant for people driving east. I need some information because now I feel like I've been confused this entire time and doing something illegal which I never knew was.


bend
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Unread post by bend on

Is this what your accident looked like?

Image


elisabethdivine
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Unread post by elisabethdivine on

Yes just like that, except the lines on my side were solid (not sure if that makes a difference) and the impact was different. My grill was taken off and the rifht side of the bumper is coming off. The left light is fine. Her door had scrapes and a slight dent on the right passenger side


bend
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Unread post by bend on

elisabethdivine wrote:
Wed Aug 01, 2018 5:05 pm
The insurance said the most they can try to do is 50/50 because I was supposed to wait for the road to clear. But have I been mistaken this entire time, thinking that the "Do Not Block Intersection" was for people going into the small road and also coming out to turn right or left? Can someone find me the law that states you are not allowed to leave a small road and turn left, if other cars do not block the intersection?

I feel like it should be her fault since she was driving west in a lane meant for people driving east.
There seems to be some misunderstanding between you and your insurance provider. They are not trying to state that you can't make the move you made. It sounds like they are taking the position that you didn't complete your turn "in safety".

142 (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety

What this means is that when you make a left turn across traffic, you must be sure that the move can be made in safety. In safety basically means you can't proceed unless it is safe to do so and it's not simply enough to assume it is safe to do so. The onus is on the driver to complete the turn without getting into an accident.

The other driver also has responsibility here. 50/50 doesn't sound all that unrealistic.






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