[masterh]

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I am Red. I was at 1 and moved to 2. I couldn't finish the left turn due to cars around me so I backed up little and hit the car came out of nowhere.

Blue car was traveling from the opposite road and wanted to go into that entrance (they went to the restaurant in a strip mall)

Blue car crossed the centerline and drove wrong side of the road little bit to get to the entrance.
I don't think they allow left turn like that on 3 way road.

What do you think guys? I think my duty was looking out cars in my side of the road, how can I know some dude will cross the centerline like that?
(you are making a u-turn and can't clear the side curb. so you back up. you will see if the cars coming behind you and make sure not to go over centerline. Do you also care about opposite lane??

I will admit I should've been more careful. I think it's 50/50? what do you think?

[Captain Buumer]

50/50? what do you think?
Nope

Blue car was finishing the turn and suddenly something hit it to the side where it least expect it.
(If Red car in nr 2 location would face the middle of the road and hit the blue car, who would be to blame? I find same logic applies when reversing).

How can I know some dude will cross the centerline like that?
By looking.

You are making a u-turn and can't clear the side curb.
Take a U-turn from to very right side of the road to make it. Might be slightly more dangerous and if too much traffic just turn left and find a way to get back to the main road elsewhere.

Assume nobody can drive properly and are blindfolded and less accidents happen with you.

Just my thoughts.

[Grease23]

Strikes me as 50/50. If the blue car had been lined up with the driveway (not snaking through traffic to turn onto the RIGHT (wrong) side of the driveway) then I'd be less favorable to you. I am assuming you backed up a short distance, and slowly, of course.

[lowrydr310]

Cool post but doesn't this belong in a different sub forum. What does this have to do with E90s?

I've been driving for 30+ years, and the incident above is precisely why I usually don't make left turns without a turning pocket and either a stop sign or traffic light with an arrow. The reason I got into the E90 platform is because my last car got destroyed by someone making a left turn across slow traffic and not seeing a third lane.

Both of these cars making left turns into/across traffic, both cars end up getting damaged. Not sure who is at fault, it depends on statements and video evidence if any. It really comes down to timing. If red car was already backing up to make the u-turn and the blue car hit him, then blue car was at fault for not stopping and avoiding red car. But if blue car was already there and entered the gap and red car was backing up, then it's red cars fault.

Or maybe the person making the left turn is always at fault, and the red car was completing the turn first, so it's automatically blue's fault.

Talk to your claims adjuster and lay out the facts and don't stress. This is why we have insurance. Sometimes bad things happen.

[gbalthrop]

Originally Posted by masterh

... I will admit I should've been more careful. I think it's 50/50? what do you think?

Thoughts/Questions :
1) Did you get contact info of any eyewitnesses?
2) Was accident investigated by Police?
3) Statements made by other driver in presence of police/ other witness?
IF "NO" to above: YOUR word against HIS.

4) Nature & extent of damage to (a) YOUR vehicle; (b) Other vehicle? Photos? Prior damage?
5) Have you made accident report to (a) your Insurer; (b) police?
6) Did you hear any horn or other sound PRIOR to impact?
7) Your approximate speed at impact?
8) Any tire impressions on pavement or other physical evidence? Photos?
9) Is CA a "Fault" & "Contributory Negligence" state, as opposed to "No-Fault" or "Comparative Negligence"?
10) Have "Collision" coverage on YOUR policy?
11) Know any CA lawyer who handles Motor Vehicle Insurance claims?
George

[masterh]

It's a 3 way road designed for the street I came from. It's not made for the strip mall entrance.
If I was a Blue car, I would pull into the strip mall like that only if there was no car coming from opposite direction since I am driving the wrong way.
If there is a car coming from other direction and i have to wait for them, I wouldn't stop there because it's like stopping in the middle of the road.

View post on imgur.com

Here is another 3 way road right next to it. Obviously you can't turn left since there is just a side curb. I don't think you can't stop there to make a U-turn either.

Originally Posted by lowrydr310

Cool post but doesn't this belong in a different sub forum. What does this have to do with E90s?

I've been driving for 30+ years, and the incident above is precisely why I usually don't make left turns without a turning pocket and either a stop sign or traffic light with an arrow. The reason I got into the E90 platform is because my last car got destroyed by someone making a left turn across slow traffic and not seeing a third lane.

Both of these cars making left turns into/across traffic, both cars end up getting damaged. Not sure who is at fault, it depends on statements and video evidence if any. It really comes down to timing. If red car was already backing up to make the u-turn and the blue car hit him, then blue car was at fault for not stopping and avoiding red car. But if blue car was already there and entered the gap and red car was backing up, then it's red cars fault.

Or maybe the person making the left turn is always at fault, and the red car was completing the turn first, so it's automatically blue's fault.

Talk to your claims adjuster and lay out the facts and don't stress. This is why we have insurance. Sometimes bad things happen.

[jsunma]

I think you'd be judged to be at fault since you were backing up against the flow of traffic (even if traffic wasn't flowing at the time...except for people pulling behind you) and hit a car behind you. WHY that car was there (for you to back into them) or WHY you needed to/chose to back up is not really the issue.

If I had been in your position, I'd have waited for the light to change and for the cars in front of me to move up so that I'd have enough space to complete the turn and proceed. I'd never reverse in the lane of travel.

fwiw, U-Turns are usually illegal too except at controlled intersections. One of the main reasons why U-Turns are often posted as prohibited is exactly the situation you describe ("can't complete the turn" and have to reverse or do something to avoid running up on the curb/sidewalk). Backing up against the flow of traffic is really not a smart idea.

Good luck with this.

[tcphoto]

If you are in reverse and hit another car, you are at fault no matter the reason.

[Pauly Wauly]

You can analyze all you want, but the bottom line is that you backed up into a another vehicle, so you are at fault.

[The Nightman]

Originally Posted by jsunma

I think you'd be judged to be at fault since you were backing up against the flow of traffic (even if traffic wasn't flowing at the time...except for people pulling behind you) and hit a car behind you. WHY that car was there (for you to back into them) or WHY you needed to/chose to back up is not really the issue.

If I had been in your position, I'd have waited for the light to change and for the cars in front of me to move up so that I'd have enough space to complete the turn and proceed. I'd never reverse in the lane of travel.

fwiw, U-Turns are usually illegal too except at controlled intersections. One of the main reasons why U-Turns are often posted as prohibited is exactly the situation you describe ("can't complete the turn" and have to reverse or do something to avoid running up on the curb/sidewalk). Backing up against the flow of traffic is really not a smart idea.

Good luck with this.

This is what I'm thinking too. Shitty situation

Somewhat unrelated but I've noticed that Google Maps likes to send drivers into these kind of situations more often now.

[lookalikehuuh]

Ah sorry man, but to me this looks like you will likely be found either fully or mostly % liable for this one.

I'm thinking that since you made a left hand turn in a spot where there wasn't enough space for you to complete your left turn which left your vehicle in a position where you then have to throw your vehicle in reverse, a direction which most drivers won't expect you to be traveling.

The second reason is that even if the other car came out of nowhere, they were already occupying that space and your vehicle is the one that actively backed up into that vehicle (again opposite the expected direction of travel).

Hopefully the damage to your car and the other car isn't to extensive.

[masterh]

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I talked to the claim person for the other person's insurance.

He said Blue car can make a left turn into the strip mall because of the break in the centerline. Does it change anything if he was crossing on yellow centerline?
This is more likely what happened.

On his statement to the insurance, he said he was following me to the strip mall entrance and I just backed up.

But the damage area is far left rear bumper for my car and far left front bumper on his car. So it shows he was making a sharp left turn and I wasn't in front of him straight.

[jsunma]

Originally Posted by masterh

He said Blue car can make a left turn into the strip mall because of the break in the centerline.

Yup.

Originally Posted by masterh

Does it change anything if he was crossing on yellow centerline?
This is more likely what happened.

I don't get what you're saying. There's a break in the centerline. That's where he crossed. Same place you crossed. ???

I get that you want to doubt him, but seriously, you didn't even see him until you hit him...how would you know whether or not he crossed the double line (which makes no sense that he would have anyway for the reason I said above).

Originally Posted by masterh

On his statement to the insurance, he said he was following me to the strip mall entrance and I just backed up.

That could be a perfectly legit story. He was following you in the turn, making the reasonable assumption that you were turning into the same lot he was...but lo and behold (his interpretation) you suddenly changed your mind and decided to back up after failing to execute a last minute turn.

Bottom line, you backed into him. You're at fault.

[masterh]

yeah he couldn't follow me when I was making a left because I made very sure there was no car traveling for me to cross. He probably made a turn when I put into the reverse and we collided. I guess it would be hard to prove though.

Originally Posted by jsunma

Yup.



I don't get what you're saying. There's a break in the centerline. That's where he crossed. Same place you crossed. ???

I get that you want to doubt him, but seriously, you didn't even see him until you hit him...how would you know whether or not he crossed the double line (which makes no sense that he would have anyway for the reason I said above).



That could be a perfectly legit story. He was following you in the turn, making the reasonable assumption that you were turning into the same lot he was...but lo and behold (his interpretation) you suddenly changed your mind and decided to back up after failing to execute a last minute turn.

Bottom line, you backed into him. You're at fault.