Fender Bender. Who is at fault. This may be a tough one

rgf207

DIS Veteran
Joined
Sep 23, 2004
This did not happen to me but I witnessed it today. I'm going to try to lay out the scenario as best I can (sorry if it's long)

Our town has a Two lane, 1 way street running up and down the middle. At each intersection a Third lane opens up as a left-hand turning lane. Here's the scenario

Car "A" and Car "B" are travelling the road. "A is directly in front of "B". Approaching the intersection, car "A" moves into the left hand turning lane. Car "B" continues in the lane he was travelling. Upon approaching the left turn, car "A" proceeds to swing her left-hand turn (wide turn) and partially crosses into car "B" lane. Car "B" bumps the back of car "A". It was a small bump, not much damage but there was damage.

I'm assuming they call the police to report the accident. Now when the police officer arrives he probably hears 2 different versions of this story. Who does he side with? If I were a third party that arrived after the accident, I would see that Car "B" ran into the back of Car "A" and then it would be driver A's word against driver B's word.

This is a common occurrence in this town. People for some odd reason think their toyota corolla, Honda Accord etc have an exceptionally wide turning radius and swing out before making the turn. They do this all the time and they don't think they are wrong. I try to avoid the roads in town due to this because it's only a matter of time before someone swings out and sideswipes me.

Since I witnessed the accident I would say it's car "A"s fault for making an unsafe lane change. What are your opinions?
 
If car A crossed over any of the lines separating the lane then they are at fault. Car B would not be at fault if they were within their lane markers.
 
This is a common occurrence in this town. People for some odd reason think their toyota corolla, Honda Accord etc have an exceptionally wide turning radius and swing out before making the turn. They do this all the time and they don't think they are wrong. I try to avoid the roads in town due to this because it's only a matter of time before someone swings out and sideswipes me.

Since I witnessed the accident I would say it's car "A"s fault for making an unsafe lane change. What are your opinions?

Yes, A is at fault.

But I just want to say, YES-- I notice this all the time (and I live in the same area you do). People think they are driving semis! There are so many people who feel the need to swing the opposite way to make their turn. Who teaches them that?? It is a huge pet peeve of mine.
 
Yes, A is at fault.

But I just want to say, YES-- I notice this all the time (and I live in the same area you do). People think they are driving semis! There are so many people who feel the need to swing the opposite way to make their turn. Who teaches them that?? It is a huge pet peeve of mine.
You just became my best friend. I can't understand why they do this.

The reason I posted this is because if I were the police officer that showed up on scene only to see that Car "B" rear-ended Car "A" and all I had was 2 conflicting stories, I would not know who to believe. It seems like car "B" would be cited as being at-fault because they rear-ended especially since so many people swing out before turning in this area that they must think they are right.
 
I would think even without the police witnessing the accident it's pretty obvious it was A's fault. If A stayed in his own lane there is no way B could've crashed into him.
 
I agree that Car A is at fault.

I am sure there's a way to tell where the cars were when the impact occurred.
 
I agree, A is at fault.

Did you stay on scene to give the police officer a non-involved eyewitness statement?
 
From a legal perspective Generally, if the second car hit the first car in the rear it is always considered the second cars fault. The traffic ordinance usually will saw something to the effect of following at an unsafe distance.

Now, if the secon car was far enough up when A moved over that the impact was on the side of car A that would be different.
 
From a legal perspective Generally, if the second car hit the first car in the rear it is always considered the second cars fault. The traffic ordinance usually will saw something to the effect of following at an unsafe distance.

Now, if the second car was far enough up when A moved over that the impact was on the side of car A that would be different.

But the rules about following at an unsafe distance cannot be applied to a vehicle in the adjacent lane coming into your lane without signaling. The most B should be cited for is not maintaining proper control of their vehicle.
 
Yes, A is at fault.

But I just want to say, YES-- I notice this all the time (and I live in the same area you do). People think they are driving semis! There are so many people who feel the need to swing the opposite way to make their turn. Who teaches them that?? It is a huge pet peeve of mine.

No kidding! thats a MASSIVE pet peeve of mine too! Where do they learn this? So annoying. Definitely A is at fault!
 
If car A crossed over any of the lines separating the lane then they are at fault. Car B would not be at fault if they were within their lane markers.

I agree. As a witness it would likely help Car B if you were able to give the police an account of what you saw. In general if a car hits another from behind the one behind is at fault but in this instance Car A swung out of their lane into oncoming traffic and I believe that would alter the outcome.
 
B is at fault for not being in control of his vehicle. If I a was B I would angry at what A did, but as is often the case with the law, something that may be wrong, isn't illegal.
 
Right hand turns or left hand turns, it doesn't matter around here, they gotta swing wide left or right. It's a daily happening here.

The other one that happens a lot around here are those people that have to come to a complete stop before making that right hand turn. There's no light, no stop sign, but they just can not make that right hand turn until they have stopped.
 
Had something similar occur to us.

Traveling down the road. Car ahead of us pulls onto the shoulder. Then comes back onto the road to try to take a left hand turn and we rear end them because they gave us no time to stop.

Called the police who state they won't make out an accident report because it is a "minor" accident.

We gave him our version of events and then the other driver gives hers-"all I was trying to do was make a left hand turn". No mention of the pulling into the shoulder part.

Needles to say, the officer made out a report because our version of the events were corroberated.
 
Did Car B hit the rear of A's car, or the side? Straight on, or did the left of Car B hit the right rear panel/tail light of Car A? If the former, B is at fault. If the latter, A is at fault.
 
Did Car B hit the rear of A's car, or the side? Straight on, or did the left of Car B hit the right rear panel/tail light of Car A? If the former, B is at fault. If the latter, A is at fault.
not 100% sure but to me it looked like B hit the rear (back right corner of A's car)
 
LOL! Did Car A put their right signal on before changing lanes and going over the line into Car B's lane?
 
This did not happen to me but I witnessed it today. I'm going to try to lay out the scenario as best I can (sorry if it's long)

Our town has a Two lane, 1 way street running up and down the middle. At each intersection a Third lane opens up as a left-hand turning lane. Here's the scenario

Car "A" and Car "B" are travelling the road. "A is directly in front of "B". Approaching the intersection, car "A" moves into the left hand turning lane. Car "B" continues in the lane he was travelling. Upon approaching the left turn, car "A" proceeds to swing her left-hand turn (wide turn) and partially crosses into car "B" lane. Car "B" bumps the back of car "A". It was a small bump, not much damage but there was damage.

I'm assuming they call the police to report the accident. Now when the police officer arrives he probably hears 2 different versions of this story. Who does he side with? If I were a third party that arrived after the accident, I would see that Car "B" ran into the back of Car "A" and then it would be driver A's word against driver B's word.

This is a common occurrence in this town. People for some odd reason think their toyota corolla, Honda Accord etc have an exceptionally wide turning radius and swing out before making the turn. They do this all the time and they don't think they are wrong. I try to avoid the roads in town due to this because it's only a matter of time before someone swings out and sideswipes me.

Since I witnessed the accident I would say it's car "A"s fault for making an unsafe lane change. What are your opinions?

Actually, as a witness, you would just tell what you saw. The witness would not determine fault. That is up to the police or court.
 
Its things like that im happy i made a $60 purchase on a dashcam to record this kind of scam...
 

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