Who do you think would be at fault in this accident

by thisislife » Tue Jul 28, 2015 05:35 am

Wanted to see what you all think. Hope there is a adjuster present.

Two lane highway one northbound one southbound, separated by a double yellow. Vehicle traveling northbound signals to turn left into a driveway.. Waiting for (oncoming) vehicles traveling southbound to pass by. Once oncoming traffic is clear driver of car initiates left turn into private drive. While car is turning, tractor trailer who was attempting to overtake left of the double yellow strikes the vehicle that is turning about 3 foot behind drivers door. The driver of car is rendered unconscious. The tractor trailer says the car had a right turn signal on but there was no driveway or road to the immediate right and only about a 12 inch shoulder. This is a highway with posted speed of 50 mph. Police report list contributing factors none for the car and for the tractor trailer is marked failure to maintain lane of travel. Also all skid marks from tractor trailer were in left (oncoming) lane, left of double yellow. 200 feet of skid marks including 100+ after car was struck. Passenger of car said truck never sounded horn etc.

who is likely at fault as no word from insurance just trying to gather what others think.

This is in Tennessee

thanks

Total Comments: 3

Posted: Tue Jul 28, 2015 01:12 pm Post Subject:

Can't see why the truck would not be at fault. As mentioned on the police report, the truck should have maintained the single lane and not attempted to pass in the on-coming lane.

Posted: Tue Jul 28, 2015 01:17 pm Post Subject:

Thanks for reply tcope. Well tractor trailer says the car had his right signal on. Not sure how well that is going to go yet. The cars front end was in the driveway and I'm pretty sure had the tractor trailer started moving back to the correct lane of travel the collision could have been avoided.

Posted: Wed Jul 29, 2015 12:28 am Post Subject:

1) Doubt anyone is going to believe the right turn signal thing, 2) it does not matter. Someone else's "wrong" means you can violate the law and use their wrong to justify your actions? Sure. That person had their wrong signal on so it was okay for me to pass in a no passing zone.

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