So my friend was driving and I was in the passenger seat of the vehicle. She was making a left hand turn into a parking lot at rush hour. Both lanes of traffic were completely stopped and a guy was waving her in. As she started pulling into the parking lot a guy was driving in the shoulder lane to make a right turn
So my friend was driving and I was in the passenger seat of the vehicle. She was making a left hand turn into a parking lot at rush hour. Both lanes of traffic were completely stopped and a guy was waving her in. As she started pulling into the parking lot a guy was driving in the shoulder lane to make a right turn at the light (the light was about 50-75 feet from where he was driving from and he had to pass two entrances into the parking lot to get to the light). He was also going way to fast for that condition. He ended up hitting her passenger side tire and hit car looked completely totaled. Who was at fault here?
The insurance companies will end up deciding who is at fault. Sure a police report can help them decide, but when it comes to insurance they decide who is at fault(no matter what the police say). In this case it may be determined a no fault situation and both may pay for their own damages. Although your friend has fault for turning left when it wasn't totally clear and not watching for the idiots on the road, they can say the other driver shares fault for driving illegally on the shoulder of the road. Since the other driver wasn't in a driving lane it makes it less straight forward IF your insurance company wants to argue with the other one.
Some insurance companies will assign each driver a share of the responsibility. It is illegal to drive on the shoulder in many states. But your driver, and presumably you, were inattentive as to other oncoming traffic. The lanes may have all been stopped so a car coming towards you should have been visible. Finally, did an officer investigate and cite someone? If your friend was, a lawyer to fight this may be more costly in the long run. Good luck.
both are however, since she was turning and seems like she could not see if any traffic was coming and depended on another driver to wave her across his lane, she used bad judgement and regardless of what the other driver was doing (especially if you knew he was driving from over 50 feet and she was at a stop, she should have seen seen the other driver before you and could have waited or made it in the parking lot if she only had 1 lane of traffic to cross. Also Which tire was hit? Front or rear?
Your friend is at fault. They crossed in front of a car coming the other way. The fact he "may" have been speeding is irrelevant. Your friend should have seen him. The fact that a guy waved him on is irrelevant. ALWAYS ignore people that wave you on. At best they could be bad judges at worst they could be idiots that think it's funny to cause accidents.
Actually, when you wave on another driver, you can be held liable for that driver. (NJ Police Officer told me that) So if there was 2 oncoming lanes at that point in the road, your friend was at fault. but could blame the waver.
But, if the was only one oncoming lane at that point in the road, then the other driver was passing on the shoulder which is illegal anywhere. Therefore, they would get charged with reckless driving and for the accident.
She's at fault. She was turning left, the other driver was going straight and had the right of way.
Presume Newdivide1701 has not passed a driving test yet. The driver is 100% responsible even if someone else says they can go the driver MUST make sure it is safe to do so. Your friend pulled across the path of another driver, poor observations and will be held responsible by the insurance.
You can't turn left unless the way is clear to complete your turn, and being hit is positive proof the way was not clear.
Unless the person waving her in was authorized to do that, as in a police officer or state maintenance employee, he had no authority to do so, and she should not have trusted him.
She is at fault.
She is. Shouldn't even be a question. Very basic road rules here.
LEt the pl;ice and insurance com,panies decide that.
NEVER talk about who; falut it is until afgter the insurance com,pany pays and the car get fixed!!!!