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Who's fault would this have been ?

leeland

Diamond Member
coming home and following a car on our street. Now I am following about 1 car length away, and going about 20 miles an hour.

car applies his breaks and banks off like he is going to pull up on the curb to the right or pull into a drive way.

So I go to the left of him to go around and without any warning (i.e. turn signal) he turns to the left and goes into a driveway right infront of me.


I locked up the breaks and didn't hit him...and the old fart didn't even see me.

Nothing happened but I was super pissed...but I am not sure if I would have been at fault or him, I am usually a pretty good driver

so you opinion ?


Leeland
 
If you were not allowed to pass then you. If it had 2 travel lanes in the same direction then him. At least that is how it sounds to me based on your description.
 
your fault. you were behind him, you are supposed to yield.

not only that, you should get a ticket for following too close.
 
Originally posted by: spidey07
your fault. you were behind him, you are supposed to yield.

not only that, you should get a ticket for following too close.

It wasn't like I was tailgating him....he was slowing down and I came up on him....he came to a slow crawl and I went to go around him since he was pulling to the right....like he was going to go into a driveway on the right.


I was probably going to be at fault if I would have hit him but I still was irritated that he didnt' signal or anything like that...

that is why OLD people need not drive 🙂
 
Originally posted by: bradruth
Did he stop or just slow down & move to the right?

he slowed and banked to the right like he was going to pull up on the curb or go into a driveway on the right.

then he went to the left infront of me...

I wasn't really that close to hitting him since we were going so slow but it was still irritating
 
Originally posted by: leeland
Originally posted by: bradruth
Did he stop or just slow down & move to the right?

he slowed and banked to the right like he was going to pull up on the curb or go into a driveway on the right.

then he went to the left infront of me...

I wasn't really that close to hitting him since we were going so slow but it was still irritating

Ok, you'd be at fault.
 
Originally posted by: bradruth
Originally posted by: leeland
that is why OLD people need not drive 🙂

Or why YOUNG people need to slow down and anticipate mistakes by other drivers.

HA HA HA If I had to anticipate every move of every driver on the road it would take me 2 hours to get across town....
 
It think it depends. If he was off the road and basically next to the sidewalk, he would have exited the roadway, and upon turning in front of you, had to yeild right of way to you. I don't know the vehicle code for this though.
 
Originally posted by: leeland
Originally posted by: bradruth
Originally posted by: leeland
that is why OLD people need not drive 🙂

Or why YOUNG people need to slow down and anticipate mistakes by other drivers.

HA HA HA If I had to anticipate every move of every driver on the road it would take me 2 hours to get across town....

Oh, I'm sorry. I wasn't aware of your lowered comprehension. I didn't mean to offend you or any of the other retarded folks out there.
 
Originally posted by: bradruth
Originally posted by: leeland
Originally posted by: bradruth
Originally posted by: leeland
that is why OLD people need not drive 🙂

Or why YOUNG people need to slow down and anticipate mistakes by other drivers.

HA HA HA If I had to anticipate every move of every driver on the road it would take me 2 hours to get across town....

Oh, I'm sorry. I wasn't aware of your lowered comprehension. I didn't mean to offend you or any of the other retarded folks out there.

Now your just being plain mean....usually that is an attempt to compinsate for other Inadequacies



...
 

Based on this statute I would think the other driver would have some fault if not all of it


(b) In the event any other traffic may be affected by such movement, no person may so turn any vehicle without giving an appropriate signal in the manner provided in s. 346.35. When given by the operator of a vehicle other than a bicycle, such signal shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The operator of a bicycle shall give such signal continuously during not less than the last 50 feet traveled before turning.

(2) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in s.346.35 to the operator of any vehicle immediately to the rear when there is opportunity to give such signal. This subsection does not apply to the operator of a bicycle approaching an official stop sign or traffic control signal.
 
It might not be so cut and dry.

Most states have a law called "comparative negligence". If an accident had occurred, you would be at fault because you hit him. However, your lawyer or insurance adjuster could show that he was partially at fault for not using a turn signal. They would decide what percentage of guilt you had, and that's the percentage of damages you would owe.

I live in Maryland, and here the law is different. We have "contributory negligence". This means that if you hit me, and you are found to be even 1% responsible, than you are 100% percent responsible. It's all or none.
 
he should've signaled left for the driveway, especially if there's anyone behind him. But it would've probably been your fault for hitting him.

When driving on small local roads, you have to remain patient as other drivers are likely looking for entranceways and any action they take can be sudden. The only thing you can rely on is their turn signals, which TOO MANY FUGGING DRIVERS DON'T USE. :| I would've probably done exactly what you did in this case... I have little patience, though I'm trying.
 
Originally posted by: bradruth
Originally posted by: leeland

Based on this statute I would think the other driver would have some fault if not all of it

Him - Failure to signal.
You - Following too close, attempting to pass.

Can you read...I wasn't following him to close...the guy slowed down to a crawl and went to the rightside of the lane....I came up behind him thinking he was turning right. Then I attempted to go around him thinking he was turning right.


He never turned on a signal or anything...if he had I wouldn't have tried to go around him.

If you are going to tell me that every time a car infront of you slowed down and did the same thing as I stated above that you slowed down right with that car and waited for them to turn into their driveways on the right side or pull up on the curb on the right side your full of sh!t. You would do what everyone else in the world does and that is drive around them as they pull up on the curb or into their driveways

To me this guy was in his own little world and was oblivious to anything around him
 
Originally posted by: leeland
Originally posted by: bradruth
Originally posted by: leeland

Based on this statute I would think the other driver would have some fault if not all of it

Him - Failure to signal.
You - Following too close, attempting to pass.

Can you read...I wasn't following him to close...the guy slowed down to a crawl and went to the rightside of the lane....I came up behind him thinking he was turning right. Then I attempted to go around him thinking he was turning right.

I'm telling you how it would be if there WAS AN ACCIDENT. You would almost certainly be cited for following too close. I've handled plenty of accidents, I know that, according to the drivers, nobody EVER follows too close. :roll:
 
Originally posted by: rh71
The only thing you can rely on is their turn signals, which TOO MANY FUGGING DRIVERS DON'T USE.

Now ain't that the truth, because it's ALWAYS their right of way.

Don't know how long OP has been driving, but I'm pretty surprise he never seen people turn slightly to the opposite direction before making a final turn into a parking garage, drive way, etc. So it's quite obvious he was impatient. He never mentioned whether he slowed down when the other car attempted to make a turn into a drive way. It's your fault, end of story.
 
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