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In may I was in an accident, I got into a turning lane to make a left into a parking lot and a girl cut across the street from a side streettaking all 3 lanes and I tboned her..
I was charged at the scene and I was told I got into the lane to early. The lines were devided..I have pics of the reck and the lines. Will this help me fight the charge? and I also have on my record a 29over and a ticket lowered to failing to obey a sign..
feedback peoples, what should I do?
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
Was there another driveway before the one you were headed to? How far were you from the place you intended to turn? If she wasn't coming out of the place you were trying to turn in to, you may be hooped.
How is this coming up now, did you request a court date back then, or did the charge just come now? I would fight it (and hope the cop didn't show up), but the status of the ticket affects whether that is even an option at this point.
I was turning into a parking lot on my left about 20 meters a head so I got into the turning lane...she was turning left off of a side street to my right she didnt look and too all 3 lanes and I was in the 3rd....so I hit her.
I'm fighting it this happened in may and my court date is feb 16th
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
This seems tricky. Both of you don't have the right of way. The main traffic does. She is also supposed to wait until it is safe to enter the main traffic from the side street. You however were already in the main traffic however you were in an island turning lane. Was it an island or a proper marked turning lane?
If it was a marked turning lane I would say you have the right of way as you are on the main road and she is entering from a side street.
Find out the nuances of who had right of way, but it seems to me you do. Turning lanes can also back up quite easily especially with the amount of traffic on a main road, and turning lanes are often short, often also interchanging from being offered to oncoming and you traffic flow. So even if there was an island, marked or not, it is often shared and space is limited to sit and wait for extended periods of time.
However on a side street, they have the luxury of waiting longer until traffic is clear. They don't have the same traffic flow, and often they can wait longer as thay have more space behind them to line up.
That being said....she was in front of you, in your forward field of vision and you hit her! Had she hit you it would have been different. A question to ask, is whether it is your obligation to not only be aware of oncoming (as you intend to cross that), but traffic from all angles. On her part however she would have had to have been aware of both directions of flow for certain and would have seen you waiting to make your turn. She needn't have been aware of the driveway your were going toward because her primary concern should have been you! and both flows of traffic, and any pedestrian that may have crossed her side street.
It appears to me, that she got impatient and calculated you would be there for a while and tried to sneak ahead of you. She propably calculated that (your oncoming) traffic was clear to enter, but may have seen or assumed the drive way you intended to enter may have been blocked and therefore you should not have proceeded.
If she can prove that you should not have proceeded, then she may argue your right of way was forfeited as you were forced to continue to wait, even though (your) oncoming traffic was clear. Essentially, if it was clear for her, but not clear for you, her right of way may have superseded yours.
If you can prove your drive way was clear, oncoming was clear, then you should have had right of way. That's how I see it anyways.
Clarify...were you at a stand still, then accelerated and hit her? Or had you entered the turning lane (too early) as you were alleged and hit her? Even if you entered too early you were still classified as moving traffic in the main road, and therefore had right of way. She should not have entered the main road from the side road at all, if you had entered the turning lane and were proceeding to a point where you would have either stopped and yeilded to oncoming before turning into the driveway, or just continued if it was clear.
It appears to me that if it was clear as she judged, then you had the right of way to enter the turning lane at speed and simply continue with a turn off the main road into the driveway (barring the drive way was clear also).
If you had not entered the turning lane early as charged, then you would have been in a normal traffic flow lane and AGAIN had the right of way over her. Either way it seems you had the clear right of way.
The only way I see it getting sticky is if you were stopped in the turning lane and waiting to proceed, even so, if it was clear to do so, you should have had right of way.
The downside is that she managed to get in front of you and you hit her. That always looks bad!
from what was described, i don't understand how the OP was at fault.
If the other driver was entering the main road from a side street, she would clearly not have right of way.
OP, where you actually driving along the turn lane for a considerable distance? Even still, one would think the fault lies with the other driver for not making sure the main road was clear before entering it.
Something very similar happened to me in September. I was deemed not at fault by police and insurance.
OP: can you post a google maps link of the intersection where it happened?
~=Big Daddy of the Dope Dragons MC=~
'05 Blue&Silver Hayabusa
you're I was moving forward before she turned and I beat her with our ins company, I was into the turning lane moving straight still and she didnt even look to see if I was in the lane. I was looking at the back of her head as I tboned her.
Originally Posted by BusaBob
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
Your first line is a little confusing, but from what you wrote, i'm still surprised you were charged.
~=Big Daddy of the Dope Dragons MC=~
'05 Blue&Silver Hayabusa
I couldn't see past the suv n other truck she caught across in front of, I seen her as i was hitting her.....froom what ins told me cuz I was moving forward I'm not at fault.
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
need more feedback
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
so you are driving in an "unmarked lane", then how can you be in a turning lane if it is unmarked?
OP, why don't you Google Maps a picture for us and mark exactly:
1. Where you entered your "turning lane"
2. Which driveway you were hoping to turn into
3. Which street/driveway the other car came out of, and
4. Where you ended up T-boning the other car
It would clear things up greatly.
that's what he was charged with I assume
Sounds like her intersection may have been far enough down the street, that she was considered to be on the main drag when you hit her.
Ignorance is curable, Apathy not so much, but I don't care, I'll try anyway.
Moderator
A Google Streetviews link would certainly help understand the situation.
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
I was trying to get the pics it happened at bayview and proctor facing north, there is a street to the right that she turned off, and the drivway I was going to turn into is 20meters north to the left.
Sry guys I'm not to savy with the loading pics on this site
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
I have the pics n drew lines....I can email em
bikes 98 zx6r/01 zx6r, zx7r 99,zx6rr 04, cbr929, 07 gsxr 600
Moderator
Here?
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Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
If you were doing what most people do, you moved into the left-turning lane in the middle of the road as in the picture above (which is intended to give access to turn into driveways etc and is not intended for people to drive several blocks in), and then drove down it for half a km or more so that you wouldn't have to wait in traffic as you should. If that was the case the charge is valid because a person turning into the roadway should not expect someone to be using this lane as a travel lane.
If you are one of the rare people that actually used this lane as intended and only traveled in it for a dozen metres or so because you were turning into a driveway, then you should not have been charged.
2010 BMW S1000RR
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