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 Posted: Thu Jan 08, 2009 12:24 pm Post subject: Left hand turn, no lights? |
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| While making a left hand turn in which i was required to cross the southbound lane i was hit by a car with no lights on traveling in the southbound lane. (So i was hit on the driver side) Although I was making a left hand turn am i at fault in the fact that it is required for lights to be on at night which it was, and also in the rain and fog which it was. |
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UmmNo29
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| Posted: Thu Jan 08, 2009 12:55 pm Post subject: |
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Were there any traffic controls at this intersection and who had what? did the police come? how far away should you have been able to see this other car if the lights were on? what part of your car and what part of their car hit each other (ie your left fender?door?1/4? rear bumper? there front?)....were their any witnesses?
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Lori
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| Posted: Thu Jan 08, 2009 1:45 pm Post subject: added information |
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There were no traffic lights or stop signs i was stopped at a gym pulling out onto metacom ave. Which is considered a state highway although you cant go over 45, 35 in places on it and its only 1 lane both ways. The R.I. State law states that headlights must be on any time when you are on the highway, after sunset (which it was), and any time when windshield wipers are in use (it was raining). State law also requires that headlights can be seen from 500 feet ahead so i should have been able to see him if his lights were on, also which would have allowed him ample stopping distance. The car hit mostly the driver side door and front quarter panel. Very little to no damage was done to the driver side passenger door.[font=-][/font][size=-][/size]
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alan
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| Posted: Thu Jan 08, 2009 2:25 pm Post subject: |
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| Yes you would be at fault as you had the duty to yield the right of way. The other party should also be partially at fault for not having their headlights on. |
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tcope
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| Posted: Sat Jan 10, 2009 5:00 pm Post subject: |
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Yep sorry Alan I was hoping your damage was to the rear of your vehicle....would've given you a little less negligence maybe....I'm with Tcope vast majority of fault will likely be assess to you. Maybe 10-20% on the other guy...what are the negligent laws of your state? Pure comparative? 49/51%? If pure comparative you will also be able to collect the percentage of fault the other driver is attributed toward your damage, ie, he is 20% at fault your damage is 1k you get 200 bucks he gets 80% of his damage...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
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