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

[BNB 100]

I think your daughter should win.

Like someone asked above.

Did she have her blinker on? I hate people that don't use a blinker. Like I'm supposed to read you mind.

 

 

[Godzillatron 292]

I’m a transportation engineer. I believe your daughter is in the right. Even though common practice is to use the shoulder to make the turn it is the duty of the driver on the shoulder to yield to other traffic since it is not an active traffic lane. The vehicle in the travel lane has the right of way. YMMV.

 

 

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[DanRydell 799]

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.

A lawyer could help with the first part but it’s gonna cost more than the repairs.

A lawyer isn’t going to help with the second part. Even if a lawyer got a jury finding that the other driver was at fault, your insurance will make it own determination as to whether and how much your premiums should go up due to this incident.

[wild_turkey 3167]

I’m assuming the other driver was initially behind your daughter, then he merged into the shoulder to prepare for his turn while your daughter stayed in the right lane. For there to be a collision, that would require him to speed up or possibly to decelerate less slowly than she did. Either way, his position would have to go from being behind to being even, essentially passing her from the shoulder. Even if it’s legal to turn right from either the right lane or the shoulder, I don’t see how it’s legal to overtake someone via the shoulder when that person is initially in front and legally making their own right turn from their lane. Seems like fault would go to the rear driver in this situation.

[XYZ 2154]

11 minutes ago, wild_turkey said:

I’m assuming the other driver was initially behind your daughter, then he merged into the shoulder to prepare for his turn while your daughter stayed in the right lane. For there to be a collision, that would require him to speed up or possibly to decelerate less slowly than she did. Either way, his position would have to go from being behind to being even, essentially passing her from the shoulder. Even if it’s legal to turn right from either the right lane or the shoulder, I don’t see how it’s legal to overtake someone via the shoulder when that person is initially in front and legally making their own right turn from their lane. Seems like fault would go to the rear driver in this situation.

That’s basically it from what I have pieced together. My kid is on the right lane, idiot car is behind her. Idiot car moves over to the shoulder for no good reason. Like, there was nothing to gain by doing that shitty move. Idiot car decelerates less than my kid so they are somewhat beside her, like in the blind spot. My kid starts turning right from the right lane without thinking that another car could be beside her, and idiot car hit my car on the passenger side.

In my many years of driving, I’ve had shit like that done to me, except that I do my best to keep an eye out for idiots. You literally have to be one move ahead of the idiots around you.

[Izhmash 563]

7 hours ago, XYZ said:

That’s basically it from what I have pieced together. My kid is on the right lane, idiot car is behind her. Idiot car moves over to the shoulder for no good reason. Like, there was nothing to gain by doing that shitty move. Idiot car decelerates less than my kid so they are somewhat beside her, like in the blind spot. My kid starts turning right from the right lane without thinking that another car could be beside her, and idiot car hit my car on the passenger side.

In my many years of driving, I’ve had shit like that done to me, except that I do my best to keep an eye out for idiots. You literally have to be one move ahead of the idiots around you.

I've found that idiots are more aware of my presence when driving my truck (slight lift / oversized tires).   Driving my wife's car is the opposite, almost as if it has a big fucking red target on it.  At the end of the day, situational awareness wins.

EDIT: Glad your daughter was not harmed.

Edited September 14, 2018 by Izhmash

[conVINCEd 21469]

File under your insurance to get the car fixed.  You’ll have to pay the deductible.  If your insurance company wins in subrogation, you’ll get a check refunding your deductible in about 6 months.  If they don’t, you won’t.  I can’t speak to how every insurance company handles this, but the couple I have worked for don’t start surcharging for an accident until the subrogation process is completed.  If they win, no surcharge.  If they don’t win, the surcharge starts then.

[blacklab 11941]

was this on 360 or bee cave road?

because on both of those I fucking hate people that don't get on the shoulder to turn.Nothing's worse than having to go from 60 to 0 while some dumb ass alcoholic soccer mom comes to a complete stop to make a right hand turn from the main lane when she could have gotten over to turn and not caused 10 cars to have to slam on their brakes.

[Guest]

On 9/12/2018 at 11:34 AM, 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 posted in the "Things that please you" thread about an insurance decision on a collision in a parking lot going my way after deliberation/ arbitration between our two (reputable) companies lasting from Feb to Sep.  While I felt it was absolutely not my fault( subjective, but i wasn't moving) and that she might have been on her phone( unproveable without subpoena;) I thought there was zero chance it would go my way.  I paid my deductable through my own insurer because ineeded a freaking car.  After all of that time, I got reimbursed for the deductable and my driver rating was never impacted( get it?)

 

Best of luck to you...  and if driving on the shoulder is illegal,  as well as passing on the right on a single lane flow of traffic, I'd feel pretty confident in your case.

 

Winess accounts are also invaluable.  In my case, it was like an angel from on high, before we even exchanged info- dude walks up and says, "I saw everything.  Here's my number."  I know I was very fortunate to have him to support my case in this "he said, she said."

Edited September 15, 2018 by slorch

[Fudge Nuggets 19206]

I don't think OP needs a lawyer.  His daughter might, but not him.

[Drew 2494]

Hey I'm getting sued for being parked with blinkers flashing on a paved shoulder several feet from a business exit, and despite the vehicle pulling out not even stopping to look around me(super wide shoulder, and there's a solid 5-6 feet between my truck and the actual lane) , she pulled out and got creamed by an vehicle. 

These shoulder laws are up for interpretation I guess...let the insurance companies work it out.

[woohorn 1131]

Drew-u getting sued for blocking her view while your car was stopped? That is unbelievable.

[Steel Shank 9428]

Man, I want to lay some pipe!