Is my buddy at fault?

[Lash444]

So my buddy has a narrow driveway. This is in the city, so he cannot just increase the size of his driveway at the road. With the snow in Michigan, it makes turning into the driveway even more difficult. He turned on his turn signal to make a right into his driveway. In order to complete the turn and make a wider turn, he went a foot (2 at most) into the left hand turn lane. His car was into his driveway passed where the hood of the car was when a woman plowed into the back of his car.

The cop cited him for improper lane change, and stated he was at fault. Does he have any chance to contest this?

 

[GodlessAstronomer]

Whoa, what? The cop charged him after some lady hit him from behind? Either that cop is a giant douche or there is more to this story.

 

[RKS]

1. You should NEVER admit to fault. Let the cop make his report based on the facts but don't admit fault.
2. Tell the insurance company that it wasn't his fault. While he may be on the hook for the citation (I would fight it in court anyway); he may be able to avoid a hit on his insurance.

 

[sactoking]

As you described it, the woman is 100% at fault. Even if there's a case to be made against your friend for an improper lane change (which there isn't), your friend has control of his own lane up to the point at which his vehicle is 100% out of the lane. If the woman thought he was going left and turned on the wrong blinker, that doesn't change the fact that he has every right to change his mind up to the point where he no longer occupies the lane. He could be 99% out of the lane and swerve back in and she would still be at fault (though he would likely share some negligence in that scenario). The only real way this would change is if the woman who hit him was in the left turn lane and his moving a foot or two into that lane negligently redeuced her stopping distance.

 

[Aimster]

Yes you just said he is at fault.

I hate people who have to go into the other lane when turning. Ticket them all for not learning how to drive

 

[ghost recon88]

Is he from Ann Arbor too? If so, he's at fault. Michigan State fan here

 

[Lash444]

Oh, trust me...he didnt admit any fault. He asked repeatedly how she determined he was at fault.

 

[PepePeru]

weird, almost the same thing that happened to me.

i was following a lady on a local street, she went over to the curb (on the right, no signals at any time, she lied to the cop and said she did signal, regardless), it seemed to me that she was going to park against the curb and slowed way down. so, i start to go around her but she was actually making this wiiiiiide left turn into her driveway, so we collided.

i was cited for overtaking on the left or something to that effect.

seems like the lady that hit your friend should have been cited.

unless he was driving in the left lane and just made a right turn into his driveway from the left lane?

i saw a douche do this once, he couldnt get over to make his left turn, so he turns left from the middle of a three line road at the light and of course, hits a car going straight in the leftmost (not turn lane).

 

[OCGuy]

Originally posted by: Lash444
Oh, trust me...he didnt admit any fault. He asked repeatedly how she determined he was at fault.

So when is your court date?

 

[CRXican]

I do not think he is at fault. That's messed up.

 

[MikeyIs4Dcats]

he was at fault. he strayed into the left lane while turning and she hit him. a rear end collision is not ALWAYS the fault of the person in the rear.

 

[Lash444]

She hit him with a good portion of his car in his driveway. Plus the girl stated to him "I thought you were turning left". Clearly she wasn't paying attention.

 

[nace186]

Originally posted by: Aimster
Yes you just said he is at fault.

I hate people who have to go into the other lane when turning. Ticket them all for not learning how to drive

Learn.to.read.

He's asking if his buddy is at fault, not stating it. There's a subtle difference you might not recognize.

 

[MikeyIs4Dcats]

Originally posted by: Lash444
She hit him with a good portion of his car in his driveway. Plus the girl stated to him "I thought you were turning left". Clearly she wasn't paying attention.

what lane was she in?

 

[Vette73]

Where on his caer was he hit?

the right side, rear with NO-side hit, or left side???

 

[nakedfrog]

Originally posted by: Lash444
She hit him with a good portion of his car in his driveway. Plus the girl stated to him "I thought you were turning left". Clearly she wasn't paying attention.

So he turned on his right turn signal, and she thought he was turning left because he turned a bit to the left? She's a bad driver. If I saw someone put their signal on, then move the opposite direction, I'd try to stay clear of them. I wouldn't just assume they accidentally turned the signal for the opposite direction.

 

[sactoking]

Originally posted by: MikeyIs4Dcats
he was at fault. he strayed into the left lane while turning and she hit him. a rear end collision is not ALWAYS the fault of the person in the rear.

In Michigan it pretty much is:

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.402 Rear end collision; prima facie evidence of negligence.

Sec. 402.

(a) In any action, in any court in this state when it is shown by competent evidence, that a vehicle traveling in a certain direction, overtook and struck the rear end of another vehicle proceeding in the same direction, or lawfully standing upon any highway within this state, the driver or operator of such first mentioned vehicle shall be deemed prima facie guilty of negligence. This section shall apply, in appropriate cases, to the owner of such first mentioned vehicle and to the employer of its driver or operator.

(b) This section may not be invoked by the owner of any vehicle, the rear of which was struck under the circumstances above mentioned, if the accident occurred between 1 hour after sunset and 1 hour before sunrise, and the vehicle so struck did not, at the time, have a lighted lamp or lantern reasonably visible to the drivers of vehicles approaching from the rear.

The Michigan Vehicle Code makes no specific provision for lane change and lane takeover in this circumstance, so unless the municipality has a specific code for it, it would defer to the common law whereby the friend had control of the lane up to the point at which he fully left the travel lane and the woman's reliance upon him turning left by him going left would be insufficient to outweigh prudence in trusting his signal to turn right.

She was at fault, pretty clearly.

 

[CRXican]

Originally posted by: nakedfrog

Originally posted by: Lash444
She hit him with a good portion of his car in his driveway. Plus the girl stated to him "I thought you were turning left". Clearly she wasn't paying attention.

So he turned on his right turn signal, and she thought he was turning left because he turned a bit to the left? She's a bad driver. If I saw someone put their signal on, then move the opposite direction, I'd try to stay clear of them. I wouldn't just assume they accidentally turned the signal for the opposite direction.

Good point. It always pays to be cautions when people are making wacky moves in front of you.

I've been a "victim" of the the pull to the right and flip a bitch to the left move and that person was lucky I didn't plow into them.

 

[imported_Imp]

Your story needs a paint drawing, and perhaps more detail.

By the vague sounds of it, I don't see why he's at fault unless he hit a car in the oncoming lane. If the woman 'thought' your friend was turning left, why the hell didn't she react when the car physically steered right and perpendicular to the road...

 

[DrPizza]

Originally posted by: sactoking

Originally posted by: MikeyIs4Dcats
he was at fault. he strayed into the left lane while turning and she hit him. a rear end collision is not ALWAYS the fault of the person in the rear.

In Michigan it pretty much is:

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.402 Rear end collision; prima facie evidence of negligence.

Sec. 402.

(a) In any action, in any court in this state when it is shown by competent evidence, that a vehicle traveling in a certain direction, overtook and struck the rear end of another vehicle proceeding in the same direction, or lawfully standing upon any highway within this state, the driver or operator of such first mentioned vehicle shall be deemed prima facie guilty of negligence. This section shall apply, in appropriate cases, to the owner of such first mentioned vehicle and to the employer of its driver or operator.

(b) This section may not be invoked by the owner of any vehicle, the rear of which was struck under the circumstances above mentioned, if the accident occurred between 1 hour after sunset and 1 hour before sunrise, and the vehicle so struck did not, at the time, have a lighted lamp or lantern reasonably visible to the drivers of vehicles approaching from the rear.

The Michigan Vehicle Code makes no specific provision for lane change and lane takeover in this circumstance, so unless the municipality has a specific code for it, it would defer to the common law whereby the friend had control of the lane up to the point at which he fully left the travel lane and the woman's reliance upon him turning left by him going left would be insufficient to outweigh prudence in trusting his signal to turn right.

She was at fault, pretty clearly.

Sometimes, you really do get good advice in OT.

 

[Lash444]

Indeed, I appreciate it guys. Thank you sacto

 

[Vette73]

Originally posted by: Lash444
Indeed, I appreciate it guys. Thank you sacto

Where on his car was he hit?

the right side3, rear with NO-side hit2, or left side1???

^
1[Car]3
2

 

[Saulbadguy]

They are both dumbasses who should have their licenses REVOKED!!!

 

[CRXican]

Originally posted by: Saulbadguy
They are both dumbasses who should have their licenses REVOKED!!!

no

 

[Lash444]

just the bumper back right side. Impact pushed in the back rear panel, up to the wheel well.