I think I’m gonna need a lawyer (collision)

[XYZ 2,154]

My daughter is driving on a road that has two lanes each way. She is driving on the rightmost lane. She turns right onto a street. As she is turning right, another car that was behind her had gotten on the shoulder and was more or less to my daughter’s right and behind. As she turns right, the other car hits her on the passenger side. The other driver’s insurance company is trying to claim that it was my daughter’s fault because she should have been turning right from the shoulder, not the rightmost lane. So at this point should I let my insurance company fight to make the other driver at fault, or should I lawyer up? And if I should lawyer up, who do I call? I live in Austin. Thanks.

[Hank Scorpio 17,731]

I will represent you. I also represent the stunt ranch next to immamac's house. I will be filing both cases together to save money, so your daughter is going to need to learn how to do some stunts and also testify that immamac was driving the car that hit her. I've already got experts (Derka) lined up. I will PM you with the details. 

[Lobwedgephil 1,139]

Was there a police report assigning blame? 

[LonghornJones 837]

Can we get some sort of drawing to better depict the incident?

[XYZ 2,154]

Let's see if I can post pictures:

Right before my daughter starts turning right:

Collision:

Police showed up but did not write a report assigning blame. They only collected these amber colored forms with insurance information.

[XYZ 2,154]

Shit, I still can't post pictures. What the fuck am I doing wrong? I used tinypic.

OK, trying imgbb. This is the situation a second before my daughter starts to turn right:

And this is the outcome:

Edited September 12, 2018 by XYZ

[Gene Parmesan 4,014]

Was the other car attempting to turn right as well?

[XYZ 2,154]

2 minutes ago, Gene Parmesan said:

Was the other car attempting to turn right as well?

I don't know.

[TwiceHorn 31,536]

As a general rule there isn't much point hiring a lawyer if there are no injuries. 

[jimmyjazz 46,131]

Drawings of daughter?

[XYZ 2,154]

1 minute ago, TwiceHorn said:

As a general rule there isn't much point hiring a lawyer if there are no injuries. 

I'd like for the other driver's insurance to pay for my car's repairs. I'd also like for my insurance premium to not go up to the stratosphere.

[Reagan1k 3,024]

There is a junior level employee of your insurance carrier sitting at a desk right now waiting to take this on.

Let them hash it out.

[Gene Parmesan 4,014]

Looking at your drawings, if the other car is driving in the shoulder to turn right and your daughter turned into them to also make a right, it sort of would seem to be her fault.  I don't think it's a necessity to be in the shoulder to turn right, but it's certainly allowed and standard practice.

[XYZ 2,154]

1 minute ago, Gene Parmesan said:

Looking at your drawings, if the other car is driving in the shoulder to turn right and your daughter turned into them to also make a right, it sort of would seem to be her fault.  I don't think it's a necessity to be in the shoulder to turn right, but it's certainly allowed and standard practice.

Really? I thought you were not supposed to drive on the shoulder.

[Hank Scorpio 17,731]

As your attorney I am going to advise you to stop posting pictures on this thread where the Defendant (immamac) can see them. 

Also I will need you to post pictures of your daughter. For legal reasons. 

[Gene Parmesan 4,014]

2 minutes ago, XYZ said:

Really? I thought you were not supposed to drive on the shoulder.

Pretty sure you can for turning, but it may be one of those things that everyone does but it's wrong.

[TwiceHorn 31,536]

23 minutes ago, XYZ said:

I'd like for the other driver's insurance to pay for my car's repairs. I'd also like for my insurance premium to not go up to the stratosphere.

I get it, but because there is no cash award involved, you will have to go out of pocket for the lawyer and that is going to rapidly exceed both your deductible and whatever rate raise you get. 

 

As Reagan says, your insurance will handle it if not go to the mat for you. 

The standard for fault is negligence, not breaking traffic laws although sometimes the two go hand in hand. This might be one of those cases where the other guy broke the law but your daughter was negligent. 

[shakahorn 1,645]

19 minutes ago, Reagan1k said:

There is a junior level employee of your insurance carrier sitting at a desk right now waiting to take this on.

Let them hash it out.

 I dunno about this.  That junior probably has a zillion cases sitting on his desk and if the damages are not huge, which it doesn't sound like they are, he's just gonna take the easiest path to get this one off his desk which may be rolling over.  

[jimmyjazz 46,131]

Quote

Sec. 545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:

(1) to stop, stand, or park;

(2) to accelerate before entering the main traveled lane of traffic;

(3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device; or

(7) to avoid a collision.

 

So it's clear as mud.

[jimmyjazz 46,131]

Texas code, by the way.

[TwiceHorn 31,536]

Good find. The way that works into negligence is that daughter probably should not have to account for traffic on the shoulder so her failure to do so is not a breach of the duty of care. Similarly, it is probably prima facie negligent to turn from the shoulder inasmuch as doing so is prohibited. 

[El Diablo 4,232]

18 minutes ago, shakahorn said:

I get it, but because there is no cash award involved, you will have to go out of pocket for the lawyer and that is going to rapidly exceed both your deductible and whatever rate raise you get. 

 

As Reagan says, your insurance will handle it if not go to the mat for you. 

The standard for fault is negligence, not breaking traffic laws although sometimes the two go hand in hand. This might be one of those cases where the other guy broke the law but your daughter was negligent. 

What's this about his daughters negligee?

Edited September 12, 2018 by El Diablo

[Hank Scorpio 17,731]

It's amazing that my fake advice is still much better than most of the serious advice on this thread. Carry on, counselors. 

[NotActuallyALonghorn 4,977]

Sounds like they were trying to pass your daughter on the shoulder. At any rate, we need pics to be sure.

[gsoda3 3,282]

who are the two insurance companies?

[52-80 19,246]

2 hours ago, TwiceHorn said:

Good find. The way that works into negligence is that daughter probably should not have to account for traffic on the shoulder so her failure to do so is not a breach of the duty of care. Similarly, it is probably prima facie negligent to turn from the shoulder inasmuch as doing so is prohibited. 

I agree.  Vis a vis, concordantly

[deadshank 24,653]

4 minutes ago, 52-80 said:

I agree.  Vis a vis, concordantly

Ibid, your honor.

Edited September 12, 2018 by deadshank

[Sbbruin 21,888]

[BottleRocket 647]

Can you point to where the man touched your daughter's car? 

 

[TwiceHorn 31,536]

11 minutes ago, deadshank said:

Ibid, your honor.

RETAINER, mofos, RETAINER.  REE TAY  NER!

[ShaggyBevo RIP 3,868]

Just file with your insurance and let them subrogate.

[baboso 6,057]

1 hour ago, 52-80 said:

I agree.  Vis a vis, concordantly

E pluribus unim and uva uvam vivendo varia fit.

[deadshank 24,653]

7 minutes ago, baboso said:

E pluribus unim and uva uvam vivendo varia fit.

Disciplina Praesdium Civitatis

[woohorn 1,131]

Guy that smashed your daughter should be responsible for the consequences.

[4th and 5 4,915]

I don't think if he was passing or next to your daughter, he was decelerating before making a right hand turn, and it was done unsafely.

The operator driving on the shoulder shouldn't be passing traffic in the main lanes of travel unless they are stopped, like at a light or for traffic.

 

Sec. 545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:

(1) to stop, stand, or park;

(2) to accelerate before entering the main traveled lane of traffic;

(3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device; or

(7) to avoid a collision.

(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:

(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;

(2) as permitted or required by an official traffic-control device; or

(3) to avoid a collision.

(c) A limitation in this section on driving on an improved shoulder does not apply to:

(1) an authorized emergency vehicle responding to a call;

(2) a police patrol; or

(3) a bicycle.

 

 

Sec. 545.101. TURNING AT INTERSECTION. (a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway.

(b) To make a left turn at an intersection, an operator shall:

(1) approach the intersection in the extreme left-hand lane lawfully available to a vehicle moving in the direction of the vehicle; and

(2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered.

(c) On a street or roadway designated for two-way traffic, the operator turning left shall, to the extent practicable, turn in the portion of the intersection to the left of the center of the intersection.

(d) To turn left, an operator who is approaching an intersection having a roadway designated for one-way traffic and for which signs are posted from a roadway designated for one-way traffic and for which signs are posted shall make the turn as closely as practicable to the left-hand curb or edge of the roadway.

(e) The Texas Transportation Commission or a local authority, with respect to a highway in its jurisdiction, may:

(1) authorize the placement of an official traffic-control device in or adjacent to an intersection; and

(2) require a course different from that specified in this section for movement by vehicles turning at an intersection.

[deadshank 24,653]

38 minutes ago, woohorn said:

Guy that smashed your daughter should be responsible for the consequences.

I wasn't

[Bernard 879]

Did she turn on her blinker to alert the shoulder-driver of her intension to turn? Something tells me she didn't. Then again maybe she did and the shoulder driver just sucks at driving. I'd just make sure that your insurance company knows that you disagree with anyone who thinks your daughter is at fault. In the end though, it's not going to be worth fighting over.

How's your daughter's back feeling since the crash? I bet it's starting to hurt. 

Bernard

[Gene Parmesan 4,014]

It really seems like both cars were turning right as I have no idea why the other car would be in the shoulder otherwise.  If they were passing, they would just pass in the left lane.  Both cars decelerating the same rate to turn on the same street and if the spacing is how you drew it, the other car was somewhat in your daughters blind spot, and your daughter turned into them.  I don't see how you are going to get the other insurance to claim fault if that's the fact pattern.  No lawyer and it's been awhile since my last Holiday Inn stay.

[Cheeseweasel 26,438]

22 hours ago, jimmyjazz said:

Drawings of daughter?

[TwiceHorn 31,536]

Here's what you can do to force the issue.  Sue the other driver in small claims court.  I assume that it's less than $10,000 in damages? 

FIrst, I think you have a winnable case and one that a layperson can present.  However, it is probably your daughter that has to present it, as you would be acting as an attorney and that's a no-go.

More importantly, this is a way to press the issue with the insurance company and get someone other than the adjuster to weigh in on it.

[Huckleberry 33,096]

Yeah, my first question would be how he hit your daughter's car if he was also decelerating to make the right turn. I mean it's possible that your daughter slows down way too much when turning, lots of drivers do, but let them make that argument.

[Cheeseweasel 26,438]

It's a good lesson for your daughter. There are shitty people doing shitty things on the road. Keep your head on a swivel. 

[torre 1,286]

Key may be if your daughter properly signalled the turn.    

As stated above,  best to let the insurance companies litigate.  

[Sbbruin 21,888]

[Bill Clay 48]

Is this the other car?

imgur

[TwiceHorn 31,536]

Another question is, is there really a built-up curb on each side of the street?  I'm having a hard time recalling any street with an actual curb that also has a shoulder.  That's gonna require some splainin.

[Paper_jam 831]

1 hour ago, TwiceHorn said:

Another question is, is there really a built-up curb on each side of the street?  I'm having a hard time recalling any street with an actual curb that also has a shoulder.  That's gonna require some splainin.

Random example--Parmer Lane between I-35 and Mopac

 

 

[Clintonaldo 2,576]

It is possible your daughter didn’t keep a proper look out and make sure it was safe to turn. 

[millhouse 2,617]

Pictures of daughter's shoulder still arnt loading for me

[Your Mom 4,852]

Team daughter.

I remember being taught that while it's legal to drive on the shoulder sometimes,  it's not required, nor does it give you the right of way.   While the daughter had the option of pulling off onto the shoulder she was also completely justified making her turn from the lane.  Who the fuck checks a blindspot before every right turn?  

If she had her blinker on the car behind her on the shoulder should have given way.  If she didn't have her blinker on then she should be imprisoned and may god have mercy on her soul.