I was taking a left on a road which has 4 traffic lanes (2 EB, 2 WB) and a center lane (usually used for right/left turns but in this case marked with solid yellow lines). While I was taking a left turn to go WB, the other person was travelling down the center lane EB (where he is not supposed to) to catch the dedicated left turn signal about 100 feet down the road. He sheared off my front end. After the accident, his car was in the oncoming traffic lane (WB lane). He lied to the cop stating that he was in lane closest to the center line and didnt intend on taking a left (complete lie since he told me that he was going to take a left after the accident). The cop put me at fault saying I was taking a left turn and he was in his proper lane. She didnt acknowledege the fact that his car stopped in the oncoming traffic lane and about 10 feet from the collision site, there is an left turn arrow for WB traffic to take a left into the road I was pulling out of. He was clearly going the wrong way. I had a witness to testify that he was going the wrong way. She spoke to him, but there is no record of him in the accident report. I received a ticket for unsafe left turn. As a result of the incorrect accident report, my insurance company put me at 100% fault for the accident. The other person has since sued me for 'medical damages' that I cause to him(minor accident). I have pictures of the accident scene if anyone needs clarification. I have taken the case to trial. Three questions: 1) How to prove that witness was there since he is not included in the accident report 2) To prove that I didnt take an unsafe left turn 3) Tell my insurance company that the police report is incorrect and that he was in the lane that he wasnt supposed to be in Thanks in advance for your replies
Topic
Left turn collision, person travelling in wrong lane
That is exactly what I am trying to ascertain since there is no place for him to turn into from that area. if he didnt intend on turning immediately, he had no business being in that lane. I know he wanted to take a left further down from the intersection. To answer your orignal question, the EB side was backed up quite a bit (another reason for the other person to use the center lane as the thru lane) and the drivers in the 2 EB lanes gave me way for me to go across and merge into WB traffic. So I proceeded to cross the 2 EB lanes, According to me, both traffic lanes had stopped. I didnt expect anyone would be coming down the center lane so fast. I didnt intend on using the center lane to merge in, I intended to merge directly into the 2nd WB lane (I have attached a picture that shows that). The WB lane was empty, because if t wasnt, then the WB lane car would have had a head-on collision with the car that was travelling down the center lane since it ended up in oncoming traffic. I used to think that you cant enter, let alone drive down a yellow lined center lane simply because (a) it yellow lined and (b) no place to turn into. Im trying to find a paralegal who dosent think this is a simple left-turn at fault case. Stanton: Thanks for the clarification
Squishy wrote:
it is a designated turn lane, not a travel lane.
That is exactly what I am trying to ascertain since there is no place for him to turn into from that area. if he didnt intend on turning immediately, he had no business being in that lane. I know he wanted to take a left further down from the intersection.
To answer your orignal question, the EB side was backed up quite a bit (another reason for the other person to use the center lane as the thru lane) and the drivers in the 2 EB lanes gave me way for me to go across and merge into WB traffic. So I proceeded to cross the 2 EB lanes, According to me, both traffic lanes had stopped. I didnt expect anyone would be coming down the center lane so fast. I didnt intend on using the center lane to merge in, I intended to merge directly into the 2nd WB lane (I have attached a picture that shows that). The WB lane was empty, because if t wasnt, then the WB lane car would have had a head-on collision with the car that was travelling down the center lane since it ended up in oncoming traffic. I used to think that you cant enter, let alone drive down a yellow lined center lane simply because (a) it yellow lined and (b) no place to turn into.
Im trying to find a paralegal who dosent think this is a simple left-turn at fault case.
Stanton: Thanks for the clarification
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Well from the photograph it looks like the Subaru is at fault and should've been charged with something. You can't rip down a turning lane to pass stopped traffic, just like you said.
Well from the photograph it looks like the Subaru is at fault and should've been charged with something. You can't rip down a turning lane to pass stopped traffic, just like you said.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Thank god someone agrees with me....ive been getting the 'left turn at fault' bullshit.....according to the insurance company, even if you are going the wrong way and collide with a car taking a left turn...the car taking the left turn is at fault :S....fault determination rules at their finest.
Radar Identified wrote:
Well from the photograph it looks like the Subaru is at fault and should've been charged with something. You can't rip down a turning lane to pass stopped traffic, just like you said.
Thank god someone agrees with me....ive been getting the 'left turn at fault' bullshit.....according to the insurance company, even if you are going the wrong way and collide with a car taking a left turn...the car taking the left turn is at fault :S....fault determination rules at their finest.
Or Subaru was in the proper lane, took evasive action to its left as it seen someone cutting out from the right. Then the Subaru got pushed that much further over as it was struck on the side.
Radar Identified wrote:
Well from the photograph it looks like the Subaru is at fault and should've been charged with something. .
Or Subaru was in the proper lane, took evasive action to its left as it seen someone cutting out from the right. Then the Subaru got pushed that much further over as it was struck on the side.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Then the Subaru got pushed that much further over as it was struck on the side. If it was struck on the side, the body panels should show it...none of the body panels show evidence of such a SEVERE impact that would push the car in the other lane...
hwybear wrote:
Radar Identified wrote:
Well from the photograph it looks like the Subaru is at fault and should've been charged with something. .
Then the Subaru got pushed that much further over as it was struck on the side.
If it was struck on the side, the body panels should show it...none of the body panels show evidence of such a SEVERE impact that would push the car in the other lane...
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