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JenJen

passing on one lane road near intersection with a fork

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A person #1 drives on a wide (enough for 2 cars to pass easily) one lane street with other cars in front and behind them getting closer to an intersection with a fork - the left side for going straight and left turns, the right side of the fork is for right turns only. There is a light at the intersection and the cars turning right need to wait for traffic to turn right, while people to go straight need to wait for the light. All the cars reduce speed. The stream of the cars is dividing to take either left or right side of the fork. At this time a person #2 enters the road from the side road from the left and proceeds in a speed greater than the other cars in parallel to them (the road is wide) passing the other cars trying to get to the left side of the fork and the car #1 is also trying to get to the same left side hits it.  Whose fault is this? Was the person #2 within their right to pass other cars on one lane street?  https://goo.gl/maps/jAoxDdgFowp

Thanks.

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You didn't say in your post which state this occurred in, but the google maps link seems to indicate New Jersey.

Here is a link to the NJ Drivers Manual.https://www.state.nj.us/mvc/pdf/license/drivermanual.pdf

Passing is addressed on pages 64-65.

You could also look at the underlying statutes -- 39:4-82 through 39:4-87 -- that regulate passing.

Available here

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish%3A10.1048%2FEnu

These all may be helpful to you in predicting how a court would determine which driver was at fault in the scenario you describe.

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Your description is really hard to follow, but the map helps.  I assume you're talking about someone making a left turn out of the Target parking lot onto Executive Drive.  Correct?  If so, please clarify the following statement:  "person #2 enters the road from the side road from the left and proceeds in a speed greater than the other cars in parallel to them (the road is wide) passing the other cars trying to get to the left side of the fork."  It sounds like you're saying that Car #2 was being driven on the wrong side of the Executive Drive and that the driver of Car #2 tried to slip into the right lane in between two cars that were already on the road.

 

Regardless of any clarification you may provide, nothing anyone on the internet tells you about who might be "at fault" will be meaningful or useful.  Assuming both drivers are properly insured, their insurance carriers will sort things out and, if that doesn't happen, then the matter will presumably proceed to court.

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Thank you. I already checked the driver's manual. It does mention passing on the left and signaling - but the road is wide, so not sure if it was necessary to pass using the opposite side of the road.  My son is the person #1 was driving along the Executive drive and another made a left turn out of the Target parking lot onto Executive Drive. That person had a dash cam that their insurance saw and determined that their client was driving in their lane (left, however there is only one lane in each direction) and my son was driving in his lane (right) and then made a turn into their lane and hit their car. I didn't see the dash cam, but from the description I understand that the accident was before the lane separates into two for turns and my son was driving closer to the right side and that another person thought that my son was going to turn right and proceeded into the left fork at the same time as my son and collided. My son and that other person didn't call the police. I'm trying to determine if it makes sense to proceed to court.

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