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Failure to yield to someone improperly passing


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#1 outraged24

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Posted 28 October 2012 - 04:05 AM

I was traveling on a two lane country road one dark foggy morning, there were two cars in front of me. The car in the front hit his brakes and came to a complete stop in the road due to an obstruction sticking out in the road on the left hand side. The car behind him hit their brakes, as did I. The car behind me tried to pass me on the left to avoid hitting me in the rear, and sideswiped the left rear quarter panel of my car. This accident happened right as the lanes were about to change from a no passing to a passing zone. On the accident report, the officer stated I had failure to yield right of way and following too close, and the other driver was passing improperly. The insurance companies are trying to determine who is at fault.

#2 adjusterjack

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Posted 28 October 2012 - 07:01 AM

If you actually hit the car in front of you, then you WERE following too closely because, if you weren't following too closely you would have been able to stop in time to avoid hitting the car in front of you. That makes you at fault for the damage to the vehicle in front of you.

If you didn't hit the car in front of you, you shouldn't have been ticketed.

I have no idea where the failure to yield comes from.

The driver behind you was also likely following too closely and couldn't stop without hitting you so he took a shot at passing. Since he hit you from the side while in the no passing lane got him the ticket for improper passing and makes him responsible for the damage to the side of your car.

If there are additional details not addressed in your post, my comments might change.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 outraged24

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Posted 28 October 2012 - 07:47 AM

I did not hit the person in front of me. The guy who hit me stated that when I hit my brakes, I came into the left lane as he was trying to pass. Neither one of us received any tickets. Those were just causes stated on the accident report.

#4 adjusterjack

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Posted 28 October 2012 - 08:01 PM

I did not hit the person in front of me. The guy who hit me stated that when I hit my brakes, I came into the left lane as he was trying to pass. Neither one of us received any tickets. Those were just causes stated on the accident report.


Fortunately, the accident report is not admissable as evidence of anything because the officer didn't see what happened.

Unfortunately, it's common for insurance companies to use accident reports in settling claims. If there weren't any witnesses to testify as to the actions of you and the other driver, then it's anybody's guess as to what the decisions will be.

Were there any skid marks noted in the accident report that would indicate whether you stopped in a straight line in your lane or not?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 Guest_FindLaw_Amir_*

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Posted 29 October 2012 - 05:32 AM

To learn more about this subject matter, you may wish to visit the Accidents and Injuries Center: Car Accidents and read Car Accident Basics as a good resource.

Best of luck.

#6 pg1067

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Posted 29 October 2012 - 07:27 AM

Interesting story. Was it your intent to ask a question?

#7 outraged24

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Posted 29 October 2012 - 01:26 PM

Interesting story. Was it your intent to ask a question?

Yes, my question is who would be at fault?

#8 outraged24

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Posted 29 October 2012 - 01:26 PM

To learn more about this subject matter, you may wish to visit the Accidents and Injuries Center: Car Accidents and read Car Accident Basics as a good resource.

Best of luck.

Thanks

#9 outraged24

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Posted 29 October 2012 - 01:40 PM

Fortunately, the accident report is not admissable as evidence of anything because the officer didn't see what happened.

Unfortunately, it's common for insurance companies to use accident reports in settling claims. If there weren't any witnesses to testify as to the actions of you and the other driver, then it's anybody's guess as to what the decisions will be.

Were there any skid marks noted in the accident report that would indicate whether you stopped in a straight line in your lane or not?

I didn't see skid marks the morning of the accident because it was still dark. When I did see skid marks in the road was that afternoon, but was unsure if they even belonged to any of the 4 cars. There are several skid marks up and down this road. But, I did go back to take pics of that area of the road, and the Highway Dept. has been working on the road. Part of them are now covered, and the other part are faint.
I actually did think about asking the people who owned the house where the truck bedliner (the obstruction sticking out in the road) was in front of. I thought maybe they had put it there to be picked up with their trash, since it was beside their driveway and mailbox. If they could definitely say that's where it was sitting, then I could definitely prove he was passing in a no passing zone. Would that be helpful in this situation?

#10 pg1067

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Posted 30 October 2012 - 06:39 AM

Yes, my question is who would be at fault?


Whoever the insurance company(ies) or a jury determines to be at fault. Based on your description, it would appear that the driver behind you is entirely or primarily at fault. However, if that driver testifies that you moved to the left -- perhaps in an attempt to impede his effort to pass -- then some degree of fault could be attributed to you. Since the officer to made the police report apparently believed the other driver, it is possible that the insurer(s) or a jury might also believe him. On the other hand, the officer's conclusion that you were following too closely seems specious since you apparently stopped in time to avoid hitting the car in front of you.

#11 outraged24

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Posted 30 October 2012 - 01:34 PM

Whoever the insurance company(ies) or a jury determines to be at fault. Based on your description, it would appear that the driver behind you is entirely or primarily at fault. However, if that driver testifies that you moved to the left -- perhaps in an attempt to impede his effort to pass -- then some degree of fault could be attributed to you. Since the officer to made the police report apparently believed the other driver, it is possible that the insurer(s) or a jury might also believe him. On the other hand, the officer's conclusion that you were following too closely seems specious since you apparently stopped in time to avoid hitting the car in front of you.

It could be possible the police officer believed the other guy because he is a cop also. He was off duty at the time he hit me, in his own car.

#12 adjusterjack

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Posted 31 October 2012 - 01:48 AM

I actually did think about asking the people who owned the house where the truck bedliner (the obstruction sticking out in the road) was in front of. I thought maybe they had put it there to be picked up with their trash, since it was beside their driveway and mailbox. If they could definitely say that's where it was sitting, then I could definitely prove he was passing in a no passing zone. Would that be helpful in this situation?


It would certainly be helpful in determining whether the guy behind you was in a no passing area.

But the homeowner would basically be admitting to contributing to the cause of the accident, leaving him vulnerable to a claim or lawsuit.

Wouldn't hurt to ask.

Record the conversation if your state allows one party consent:

http://www.rcfp.org/...recording-guide

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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