Whose "lane" is it?"

[Mickey'snewestfan]

My dad is a retired police sergeant who worked traffic detail for many years. He taught me that the person who has established forward motion in a traffic lane has the right of way. Anyone who pulls into the lane without allowing adequate time for "right of way" traffic to pass is most likely at fault for any accident that results. Yes, the other guy may have been able to slow down and avoid the accident, but that won't be a factor if you were found to have violated his right of way.

What's adequate time? This guy was several blocks away when I got into that position.

 

[Cinderella94]

I agree with what everyone's said so far. Sorry, it really does suck.

 

[Mickey'snewestfan]

OK, I think it's clear that I can't convince you guys, I probably won't be able to convince the insurance comapny.

I still don't really understand it. I'm not sure how someone is supposed to drive out of a driveway if you can't pull far enough forward to see who is coming. It seems like there's no legal way to get out of the driveway without me being in someone else's "right of way". But I guess if the insurance company says I'm liable I'm liable.

I also don't really understand how someone can drive down a street, with several feet of space to his left, and clip off the rearview mirror of the car on the right and not have a responsibility to move over. What if I had been a person, standing next to my car, or a delivery truck which is wider, it seems like you need to watch out for stuff when you're driving.

 

[NMAmy]

But if you were at a red light, and while you were stopped someone opened their door, and hadn't closed it yet when the light turned green and you came onto the block and you hit the door, would it still be their fault? If so, in the city, when are you allowed to open the door to get out?
.

When traffic has cleared. You do it when you can safely exit the vehicle and don't stand there lollygagging with the door open.

I'm sorry, but it sounds to me as if you were at fault, as well. From your account, it sounds as if you were pulled out into the driving lane and impeding the flow of traffic.

 

[Mickey'snewestfan]

When traffic has cleared. You do it when you can safely exit the vehicle and don't stand there lollygagging with the door open.

I'm sorry, but it sounds to me as if you were at fault, as well. From your account, it sounds as if you were pulled out into the driving lane and impeding the flow of traffic.

But on the street where I work that would NEVER happen. If I waited until there was no car in sight (long enough to say unbuckle a child in a carseat in the backseat) I'd need to wait until 3 a.m. or something. Literally.

So, I wait until there's a red light, and there's not traffic and hop out, but the light is short and sometimes there will be a moment when there are other cars in the street who either need to slow down or move to the left side of their lane to get around me.

 

[golfgal]

The car traveling along the flow of traffic has the right of way. He will still be assessed some fault if you are in a comparable negligence state (basically if he could have avoided the accident and didn't he will be partially at fault). It doesn't matter if you were moving or not in this case from what it sounds like because you were partially in the flow of traffic, not moving.

Did you get a police report?

 

[golfgal]

OK, I think it's clear that I can't convince you guys, I probably won't be able to convince the insurance comapny.

I still don't really understand it. I'm not sure how someone is supposed to drive out of a driveway if you can't pull far enough forward to see who is coming. It seems like there's no legal way to get out of the driveway without me being in someone else's "right of way". But I guess if the insurance company says I'm liable I'm liable.

I also don't really understand how someone can drive down a street, with several feet of space to his left, and clip off the rearview mirror of the car on the right and not have a responsibility to move over. What if I had been a person, standing next to my car, or a delivery truck which is wider, it seems like you need to watch out for stuff when you're driving.

There is the "right" way to drive and the way everyone drives. Technically you should stop before entering the street and watch for traffic. Only after you have made a complete stop and watched for an opening should you enter the flow of traffic (when it is clear). You should position yourself in a way where you can see the traffic without pulling into the street. Now the way everyone REALLY drives is to pull forward so they can see better .

It is also quite possible that the guy saw the opportunity and took it to file for insurance, aka: insurance fraud. It happens. I would make sure that both adjusters talk to the witness asap. If the witness saw the guy intentionally move over into your car, that presents a different scenario altogether.

 

[scrapquitler]

I hate to say it, but I think you are at fault, even though what you did was reasonable (obviously you have to pull out to see in that kind of situation, I do understand that).

I think that if you are blocking the lane of traffic in any way that you are at fault. Since you are pulling out from the driveway/parking lane, he has the right of way, even though you were already there when he was down the block.

Sorry that you have to deal with this. Its good that nobody got hurt.

 

[Allison]

My reaction before reading any other posts is that you were at fault and I see that most everyone else agrees. Sorry.

 

[ilovemk76]

Reading your description it seems you were in his lane and you were parked. He was the one who owned the lane. IMHO you are at fault.

 

[Mickey'snewestfan]

The car traveling along the flow of traffic has the right of way. He will still be assessed some fault if you are in a comparable negligence state (basically if he could have avoided the accident and didn't he will be partially at fault). It doesn't matter if you were moving or not in this case from what it sounds like because you were partially in the flow of traffic, not moving.

Did you get a police report?

The police came but didn't make a report. I asked them to but they said it was up to our insurance to figure out what happened and left.

 

[Mickey'snewestfan]

There is the "right" way to drive and the way everyone drives. Technically you should stop before entering the street and watch for traffic. Only after you have made a complete stop and watched for an opening should you enter the flow of traffic (when it is clear). You should position yourself in a way where you can see the traffic without pulling into the street. Now the way everyone REALLY drives is to pull forward so they can see better .

It is also quite possible that the guy saw the opportunity and took it to file for insurance, aka: insurance fraud. It happens. I would make sure that both adjusters talk to the witness asap. If the witness saw the guy intentionally move over into your car, that presents a different scenario altogether.

How do you do that? I mean, if you're in the driveway, and there are parked cars blocking your view, how do you see if it's clear?

I don't think the guy saw the opportunity and took it. He had a nice new car which somehow was fine while I couldn't even drive mine away. Not really sure how that happened.

 

[schmitty]

As everyone else has said, its your fault. You can't be in the traveling lane, stopped,and blocking any part of it. You admit to be blocking the road. The other people excuse doesn't work. If other people are speeding and you get caught speeding, does it make it ok? You obviously don't understand the rules of the road.

You can easily move your mirror in a way to see behind you while still in the parking lane, you just don't have it the correct way.

Its a side view mirror not rear view mirror.

 

[LilyWDW]

You were at fault.

A driver has the right to the lane of traffic they are traveling in. By poking the nose of your vehicle into that lane, you were "impeding" the flow of traffic. The same would have been said for someone who opened their door into traffic while parked.

 

[tvguy]

Well, insurance is all about reducing costs. They don't care about who is right and who is wrong, they care about what is going to cost them less money.

My neighbor was stopped at a traffic light and got hit by a guy on a bike (as in bicycle). All the guy on the bike's fault. Guy lawyered up, my neighbor's insurance company decided it was cheaper to settle with the guy for $20,000, and pay to fix his car than fight. My neighbor objected, his insurance pointed out he doesn't have a say in the matter.

 

[NMAmy]

But on the street where I work that would NEVER happen. If I waited until there was no car in sight (long enough to say unbuckle a child in a carseat in the backseat) I'd need to wait until 3 a.m. or something. Literally.

So, I wait until there's a red light, and there's not traffic and hop out, but the light is short and sometimes there will be a moment when there are other cars in the street who either need to slow down or move to the left side of their lane to get around me.

I don't understand why you would have to get a child out of a car seat on the traffic side of the vehicle. That sounds dangerous. I used to get out of the car, walk around to the sidewalk, and get dd out on that side of the vehicle. If traffic was really bad, I'd slide over to the passenger seat and exit the vehicle on the sidewalk side of the street, as well.

As to seeing around parked cars, each day when I leave work, I have to exit from an alley onto a busy street. Often cars are parked along the street. I have to watch traffic through the windows of the parked cars or by staying back a bit further, I can see what's coming down the street. It can be tricky but I've learned to do it along with avoiding pedestrians on the sidewalk and those who are jaywalking.

 

[NMAmy]

Guy lawyered up, my neighbor's insurance company decided it was cheaper to settle with the guy for $20,000, and pay to fix his car than fight. My neighbor objected, his insurance pointed out he doesn't have a say in the matter.

I thought the guy was on a bike not in a car. The phrase "settle with the guy for $20,000 and pay to fix his car" is confusing me a bit. The neighbor's car?

 

[golfgal]

Well, insurance is all about reducing costs. They don't care about who is right and who is wrong, they care about what is going to cost them less money.

My neighbor was stopped at a traffic light and got hit by a guy on a bike (as in bicycle). All the guy on the bike's fault. Guy lawyered up, my neighbor's insurance company decided it was cheaper to settle with the guy for $20,000, and pay to fix his car than fight. My neighbor objected, his insurance pointed out he doesn't have a say in the matter.

Ok, there is paying for claims and there is assigning fault. Assigning fault is what raises your rates. If your neighbor was not assigned fault, big deal. Insurance companies DO settle cases often because, especially in this case, it's less expensive to pay the $20K then it is to go to court-and that is a good thing because it keeps rates down for everyone. It doesn't mean that your neighbor will see any change in his insurance rates. Now, you also have to realize that there are two sides to every story and are you positive that your neighbor is telling you the total truth??

 

[John VN]

Vehicles traveling on the road have right of way. Vehicles entering the road must yield until safe entry onto the road can be made.

You had to wait longer.

 

[Topper]

and as he went past his rear view mirror hit mine

Wouldn't your vehicle have to be parallel to the traffic lane for this to happen?