REVscene - Vancouver Automotive Forum

_TiDy_ · 09-30-2010, 06:10 PM

100% your fault. Because you are the party merging or turning into the lane, it is your duty to ensure the lane is clear and safe. The truck does not need to yield to you or let you in the lane even if you are partially in the lane already. Without a witness I bet the truck driver is going to say that you darted infront of him and he hit you. The damages to your car will prove you are the one turning which will basically screw you. Sorry bro.

Anjew · 10-02-2010, 05:11 AM

I can't see how a witness vouching for you would be in your favor. Anything they say (truthfully based on their observation) would only implicate you further. it would have to be such a specific and well detailed account of the incident to acquit you of fault. Even then you would still have partial liability.

depending on the trucks speed(based on your judgement), 3 car lengths is ample room to accelerate yourself into the lane even with a torqless car. I have learned never to trust the other party and never to take chances.

chalk this up to lesson learned and move on the wiser.

zulutango · 10-02-2010, 10:27 AM

"Starting vehicle
169 A person must not move a vehicle that is stopped, standing or parked unless the movement can be made with reasonable safety and he or she first gives the appropriate signal under section 171 or 172"

This is what you did not do and ICBC should find you 100% at fault. Turn signals flashing don't part traffic for you like Moses did to the Red Sea.

FerrariEnzo · 10-02-2010, 05:10 PM

i would say your at fault... truck has right of way....

Truck drive can say you made a lane change last minute... and i bet thats what hes gona say.

WHEN i do this, I ALWAYS make sure to look the person in the face and wave to say thanks so that he notices me. this is what you should have done.

PDA_86 · 10-03-2010, 01:32 AM

I'm sorry to say this too, but I view this as 100% your fault as well. Try having eye contact with the other cars before you go out. If some truck drivers see you and they're having a good day, they'll wave you out (and maybe smile).

lgman · 10-03-2010, 03:06 AM

Different scenario: Lets say if you were stuck behind traffic, someone is parking And the lane to your left was free and you pull out, and the person behind you also pulls out and hits you, then it's your fault because you're supposed to watch and let all rear traffic clear before merging. Even if its a rear ender situation. Most of the time.

So yea %100 your fault. unless you have witness saying that he did stop and then on purpose sped up just to hit you.

slammer111 · 10-04-2010, 01:32 AM

I'd have to say 100% OP's fault too based on my limited understanding of traffic laws. Any time you merge into someone else's lane, they have the right of way by default. I'd imagine this to be the case even if the guy in the next lane was speeding 100+ over the limit and smacked into you as you merged. ie doesn't matter what the other guy was doing, it's still your responsibility to make sure the other lane is clear.

Chalk it up to experience, and good luck with the case.

UFO · 10-04-2010, 08:14 AM

One thing that may be in the OP's favour is the fact that his damage is on the rear quarter that does not need to be verified by any witness. ICBC may rule that the truck COULD have stopped in order to avoid the accident, even though the truck has the right of way and the OP should have been 100% at fault.

I agree the OP should be at fault, but ICBC may try and go 50/50 and ding both insurances.

twitchyzero · 10-04-2010, 08:20 AM

^ you could still hit someone's quarter panel if they just pull out abruptly.

UFO · 10-04-2010, 08:29 AM

Yes of course you could. Like I said, ICBC can always say that since the damage was to the rear portion of the car, you SHOULD have had enough time to slam on your brakes to avoid the accident (even if that puts you at risk for getting rear ended) given the supposed slow speed that the incident happened at.