Is my buddy at fault?

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MikeyIs4Dcats

MikeyIs4Dcats

Lifer
Nov 5, 2001
18,366
3
0
Originally posted by: 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.
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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.
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Sometimes, you really do get good advice in OT.
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except as I understand it, his car was T-boned, and this would not apply.
 
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Lash444

Golden Member
Sep 17, 2002
1,708
64
91
:) my buddy is right next to me, but he doesnt use forums. It was a Pontiac Aztec, and I couldn't drive that and still call myself a man.
 
V

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Originally posted by: Lash444
just the bumper back right side. Impact pushed in the back rear panel, up to the wheel well.
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If it was just the right rear bumper then he had to be a lot more then just a foot in the left lane and this may be why the cop gave you.. I mean your friend the ticket.

how about a pic of the car?
 
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Lash444

Golden Member
Sep 17, 2002
1,708
64
91
why? If he had come from the left lane, she would have hit the side of his car...which she didnt. The impact was only to the right edge of the bumper. Which would make sense to me if he was partially into his driveway and coming in at an angle. Right?
 
MikeyIs4Dcats

MikeyIs4Dcats

Lifer
Nov 5, 2001
18,366
3
0
Originally posted by: Marlin1975
Originally posted by: Lash444
just the bumper back right side. Impact pushed in the back rear panel, up to the wheel well.
Click to expand...

If it was just the right rear bumper then he had to be a lot more then just a foot in the left lane and this may be why the cop gave you.. I mean your friend the ticket.

how about a pic of the car?
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agreed. that damage would be inconsistent with the story.
 
EMPshockwave82

EMPshockwave82

Diamond Member
Jul 7, 2003
3,012
2
0
Originally posted by: Marlin1975
Originally posted by: Lash444
just the bumper back right side. Impact pushed in the back rear panel, up to the wheel well.
Click to expand...

If it was just the right rear bumper then he had to be a lot more then just a foot in the left lane and this may be why the cop gave you.. I mean your friend the ticket.

how about a pic of the car?
Click to expand...

Turning right and only the right rear bumper / right rear quarterpanel is damaged. Sounds like at the point of contact he was already clear of the lane on the left and pulling into the driveway. If damage was only done on the side of the car left exposed during the turn that would be pretty clear to an officer that the person who rear ended your "friend" was not paying attention.

Sounds like your "friend" isn't at fault. I would fight the ticket and make sure my insurance company knew what was going on. (IE, he got rear ended and was ticketed for it)
 
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Lash444

Golden Member
Sep 17, 2002
1,708
64
91
You guys can't comprehend things, is the problem. My buddy was turning right. He wasn't in the left hand turn lane when he got hit. He was in his driveway, which was a right turn (and to the right of the person who hit him from behind) How is damage to his right bumper, making a right turn, by someone behind him not consistent?
 
nakedfrog

nakedfrog

No Lifer
Apr 3, 2001
62,947
19,190
136
Originally posted by: Lash444
:) my buddy is right next to me, but he doesnt use forums. It was a Pontiac Aztec, and I couldn't drive that and still call myself a man.
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:laugh:
It's a shame it wasn't totaled, then.
 
GagHalfrunt

GagHalfrunt

Lifer
Apr 19, 2001
25,284
1,998
126
He made a right turn from the left hand turn lane? It doesn't matter whether it's his driveway, a gas station or a movie theater. Your friend is an idiot that can't drive. Of course he's at fault.
 
AMCRambler

AMCRambler

Diamond Member
Jan 23, 2001
7,715
31
91
Sounds like the women is at fault to me. Now if your friend was compeletly in the left lane and then turned into his driveway on the right from there, he's an idiot and deserved to get hit. Doesn't sound like that was the case.

On my old road people used to pass me on the left even when I was signalling left about to turn into my driveway. I had some numbnuts riding my ass all the way down the road I turn from to go down my road one time so I floored it to get away from him as I turned onto my road. Then I came around the curve to where my driveway was with a good amount of distance between him and me figuring I don't have to worry about the nitwit rearending me. He must've have come around the curve at 60 only to find me starting to make my left turn into my driveway and him with no room to stop! He skidded I was halfway through the oncoming lane as I saw him skidding towards my drivers door and all I could do was stop my turn so that it wouldn't be a t-bone if he did hit me. He screeched about 3 feet from my drivers door as he had to swerve into the oncoming lane to keep from hitting the rear of my vehicle. He was one lucky tard.

Edit: Diagram of what I'm talking about

Moral of that story is I would have been better off letting him ride my ass all the way to the driveway doing 20 mph.
 
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Lash444

Golden Member
Sep 17, 2002
1,708
64
91
Mikey, close and.good pic too. Now imagine my buddy driving in the right lane and drifting a foot into the left lane. You have his car completely in the left lane. I wouldnt be saying he was in the right if he was completely in the left lane before cutting across the right. He never left the right lane.
 
MikeyIs4Dcats

MikeyIs4Dcats

Lifer
Nov 5, 2001
18,366
3
0
Originally posted by: Lash444
Mikey, close and.good pic too. Now imagine my buddy driving in the right lane and drifting a foot into the left lane. You have his car completely in the left lane. I wouldnt be saying he was in the right if he was completely in the left lane before cutting across the right. He never left the right lane.
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except the average width of a traffic lane is 12', an Aztek is 15.25' long, and has a turning radius of 18.2'. If this was a narrow driveway as you described, I do not see how it is possible for him to turn into it fully from the right lane. If he was in the left lane at any time, it was an improper turn. I find it hard to believe that she would have T-boned him if he was making a right turn from his lane.

But regardless, he was T-boned, not rear-ended.
 
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