Auto Accident…whos fault is it?

September 21, 2009 by admin · 4 Comments
Filed under: Blog 

I was driving in a shoulder lane to make a right turn into a Gas station near, but it was not exactly a marked lane. While I was traveling a truck struck me in the front while he was making a left turn into the small entrance. I was slowing down and he was stepping on accelarator to make a left turn, the damage on my lovely RX8 was pretty bad the estimate came out to be about $7000. BUT the problem is the other party who hit me is blaming 15% at fault for this accident since I was traveling on a non-marked lane. I am so pissed off because I had no choice but to travel on that lane in order for me to go in to my destination(gas station). Few of the people who were traveling with me had stopped and helped me out on the scene of the accident and even offered me that they will be my witness if anything happens. IN THIS CASE WHOSE FAULT IS IT? How can I win this case? My lawyer wants me to take the offer(other party will pay 75% of all costs). PLS help.

if you were on a unmarked lane then its its partly your fault but who is to say that he still would not have it you had you been in the correct lane with out a visual of the site that remains a hard one. I can tell you that years ago i was on a rumble strip and partly in a lane.( the area that runs along a left turn lane to divide the traffic. I was going to be making a left turn on the arrow. a lady came flying between cars to cross the road and she hit me but because i was on the rumble strip it was my fault. 75% is better than 50 and if you go to court you might have to pay more. If the lane you were in is an extension of the lane not the shoulder and there are no lines between it then i believe you were in the right. it depends on if he was turning out of where you were turning in. When a car in making a turn then can not make their turn if it is un safe to do so. since you were there then it was not safe for him to prociede into a road that was occupied. thats is the stance i would take. Just like if a car wanted to turn on the red. if they turn infront of you and you hit them it is their fault because it was not not clear for them to complete their turn saftly. Good luck

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