If your are doing a turn around the road..and someone hits your car on the side, cos they were speeding who is
Answers:
i have to disagree with the majority of people answering this question. it is there fault. in the uk you should always drive at a speed where you are able to stop in any circumstance. IE if you hit someone from behind you are at fault as you were driving too fast to stop. same thing. we learn 3 point turns on our test of course there not illegal unless you done it where theres a no u turn sign.
you are
sorry your fault they had the right of way.
the speeding person. depends where you were doing the u turn, was it in a busy main road??
Your fault because you cannot turn around on the road. Even if the car were to be going slowly or fast and would of hit you its your fault. Its like when a car hits you from behind or you hit someone from behind, its ALWAYS the guy that hit from behinds fault. I know sad but true
I would call an attorney because it depend if it was illegal to do turns or not on that street. They will tell you who is at fault. In NY you would get a free consultation I dont know out of state.
Your fault. Think about it. You would need to prove they were speeding. You, on the other hand, have already been proven to be blocking their driving lane. Bummer for you.
WERE YOU IN A LEGAL TURN AROUND AREA. I STILL THINK IT'S YOUR FAULT. YOU WERE IN THE MIDDLE OF THE ROAD. I'M SURE THE POLICE WILL TELL YOU WHO WAS WRONG. MAYBE BOTH OF YOU.
Doing a "youie" in the middle of the road? that intells a left turn of some sort which puts YOU at fault. Even if the guy was going 130 while doing lines off of a strippers boob, you'd still be at fault.
If you were in the middle of a U-Turn, and they hit you, it would be your fault for not checking to make sure the coast is clear. If you were say, making a left hand turn at a blinking red light, once again, you'd be at fault. If you were say, in a neighborhood..turning at an intersection, and someone was flying through the neighborhood, and hit you even after you checked and the coast was clear, then they would probably be at fault for speeding in the neighborhood. Good luck with that.
Can you prove they were speeding ?? Were you in a dangerous position ?? Were you crossing a solid white line ?? The possibilities are endless I'm afraid
This happened to my bro in law when he was doing a U-Turn. He was at fault and got done for careless driving.
You! You give up right away when you make a turn. Did they cite the driver for speeding. The only way you would be at fault if they were traveling like maybe 80 to 100 mph.
it just depends if sumone is drinking and driving or if you werent paying ne attention
Were you reversing onto a road, or highway? Were they going straight without turning?
I'd say if your answer is yes, then probably yours, as you need to be watching where you are going!
There is one rule that comes into play in EVERY driving situation:
You may not do ANYTHING until it is safe to do it.
That makes YOU the one at fault.
Certainly, the speeder is not completely free of fault, but the best thing to do in this situation is to wait for ANY oncoming traffic, however fast they may be traveling.
Not the answer you want but, how are you going to prove that they were speeding? It is much easier to prove that you were doing a U turn without checking the road sufficiently first or that there was insufficient view at that position to make a U turn.
The oncoming vehicle (if this was a U-turn, 3 point or 5 point turn) has the right of way all the time. There is no state where that law does not hold true. This law also applies to turning onto a street (where your light is red but turns are allowed) and the oncoming vehicle has a green light. The right of way they have will make you at fault. Sorry, but thats traffic law. You will lose the insurance battle, but you can still beat the ticket (if you got one) if you go to court (80% of officers never show).
sorry i am afraid that you are seen as 100% at fault
this is because you are seen to be blocking the lane and you are required to ensure that the road is clear to make such a move before you undertake it.
it seems unfair i know but im afraid thats just the way it is
it may be your fault or the other person it depends where r turning and the other because of speeding. these happen to me 4 months ago.
It seems to me that if you were tuening in a sensible place, which is legal, then if the other driver was demonstrably speeding, then you should be in the right. If you have witnesses, you should be OK. Your insurance may include legal cover?
Good luck.
Yours. They didn't hit your car because they were speeding. If not for your actions the collision would not have occurred.
I don't know from a legal standpoint, but here is a logical point of view:
First off, if you were making an illegal turn then you are at least 50% at fault.
Assuming it was legal:
You need to consider who caused the accident. If you slam on your brakes and someone rear ends you, it is their fault because they should not have been following so close or should have been in control of their vehicle. Using the same logic, you were basically stationary and were hit by a moving object. Therefore, you could not have caused the accident because your car was no more than obstruction to the road. If the person who hit you was in control of their vehicle they would not have sent it hurtling into a stationary object.
You are.
Why exactly do you think they should've been doing 5 mph??
Speeding or not, they wouldn't have hit you if your car was not where it shouldn't have been. Sorry, but unless there is a lot of evidence that the person was speeding at a Criminal Code speed (indictable offence), or was drunk or on drugs, you will end up being judged at fault.
your fault
Strangely speeding will not count for all that much with insurance companies. Reason being is that fault is based on case law and this does not always mention speeding. If the speed of the vehicle meant that it would have been impossible for the other car to stop if you had been stationary then you might have a chance.
The other drivers insurance company will almost defintely argue that case law suggests that you should have been giving attention to both directions and not made the maneouvure whilst another car was in the vicinity.
Seems unfair but I expect this to come out as a split fault claim i'm afraid.
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