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Old 02-01-2009, 02:49 PM
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Default Car accident&Law question ! please help .?

Hello ! My boyfriend recently got into a car accident and he got a ticket , but the car hit us.Here's the scenario:We were waiting to turn into walmart, the lane was free for that moment, so we turned and when we turned we moved a little to move away from a car that was coming out , and then while we were turning away to move from the car, another car came and kind of T-boned us in the back where the backlights are.But my boyfriend got a ticket, and it said he was at fault , because it's the'right of way'.My question is .. is that correct? Should he have been given the ticket? But we already turned to go in but the car's back was still a little bit out on the street because we were turning to move away from a car coming out.Please give me more information about this law. I feel like it isn't fair.Please no bashing. I'm just in need of information . Thank you!Much appreciated.Yes, he made a left turn and his car's back was still sticking out a bit , which made the car going straight hit the back.Witnesses in the car said that the headlights on the other car was not on, therefore causing it to be unexpected.What could happen since the people in the car(boyfriend's car) say that they didn't see any signs of the car coming straight and it was pure darkness?Could this change anything in the case?By the way we live in Utah. Thank you ------
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Old 02-02-2009, 04:31 PM
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Yes, that seems correct.By law, you can not make a turn unless you can complete it safely. The fact it seemed clear when he started does not make it a legal turn if it can not be completed.The fact he was obstructed by a vehicle leaving the lot leads me to believe your boyfriend turned too sharp. ------
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Old 05-23-2009, 08:25 AM
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Failing to yield right of way means that you were going in an improper direction than what you were meant to go, or that you were the ones who had to wait(yield), since the other person was already travelling. If I am understanding your statement correctly, it does sound like your boyfriend failed to yield. the reason being that if it was safe enough to move, you would have been able to make your complete turn wihtout infering with the flow of traffic. ------
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Old 05-23-2009, 05:08 PM
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I'm a little confused by your description so your bf can always go to court and fight the ticket. ------
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Old 05-30-2009, 12:19 AM
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As a rule I tend to believe the officer on the scene if I don't have personal knowledge. Here is what I think you described. You began ti turn into a parking lot, but were unable to complete the turn. Another vehicle did not see the tail of your car protruding into the road and hit you. If I am correct, you may have been cited for'assured clear distance'. This basically means you are required to be sure you have room to COMPLETE the turn before your START the turn. The actual law varies by state and I did not see any indication of what state you were in. ------
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Old 05-31-2009, 06:21 PM
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I'm having a little bit of a hard time in picturing exactly what happened.From what I imagine, your boyfriend was trying to quickly shoot a gap&got a little hung up causing him to slow down or stop. That would put him in the lane of the vehicle who had the right of way. If that's the case, your boyfriend would be at fault for failure to yeild. ------
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Old 06-01-2009, 02:20 AM
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sounds to me basically like you got hit while makeing a left hand turn if so the accident is indeed going to be deemed your fault. If you block the rite of way for any reason other then to avoid an emergency vehicle you are going to be at fault.Basically the law is that cars traveling straight on a road with no sighns have the rite of way anyone trying to cross the rite of way does not have the rite of way and must yield / stop for traffic that has the rite of way. Blocking the rite of way is as good as painting a target on the side of the car and is a ticketable offense. Cars that edge into other lanes to attempt to make a turn are indeed violating this rite of way and if someone was to hit them even head on if they explained to the officer they were moveing into the other lane slowly to try makeing the turn when the other car hit them (assuming the other car was going straight) it would be the person that edged into the lane that is deemed at fault.Generally what the officer writes down at the scene is what is going to be considered accurate unless there are some extenuating circumstances (IE emergency vehicle is behind you and you have to go through a red light with traffic to allow the emergency vehicle through assuming its responding with lights / siren) ------
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Old 06-01-2009, 04:43 PM
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Your boyfriend is at fault.He has to wait to make the turn when it is safe to make the turn completely and get out of the roadway. He did not do that.It does not matter who did the hitting. The question is who is the cause of the accident.But for your boyfriend turning into the path of the other car the accident would not have happened.There are 4 types of liability law that is used to determine fault. Each state follows one of those four. Since I don't know what state you are in -- I can't give you more.Your boyfriend is negligent. Depending on the liability law in your state, some fault may be placed on the other driver for any contribution he had. But based on the very ,limited info provided here, I would expect the bulk of the fault to be placed on your boyfriend.When he speaks to his insurance adjuster -- the adjuster will get a statement from him and do their own investigation to determine fault. This is separate from the investigation the police do. ------
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Old 12-31-2010, 12:16 PM
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Old 06-14-2011, 08:50 PM
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Default Car accident

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