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-   -   First post, need help on a car crash.. (https://www.revscene.net/forums/661658-first-post-need-help-car-crash.html)

Xamount 01-20-2012 09:42 PM

First post, need help on a car crash..
 
Yesterday i was involved in a car accident and i need your guys' opinions on who's at fault, etc.

What happened: (Canada, BC)

I was in a left lane waiting to turn left on a green left turn light.
I advanced into the intersection a little bit, waited for cars to pass, still green light.
The light turns yellow, more cars are coming, I am still waiting.
The left turn light turns red, I check both directions and then take my left turn because the lights on either side turned green.
A lady in an Acura MDX runs the intersection, on the red light as I am already halfway into my left turn and T-bones my passenger door.
No air bags were deployed, but I received whiplash, and what the family physician said "lumbosome spine" (cant read it)

Whos at fault?

Side note: The officer said she would have to issue me a ticket for Failure to Yield on a Left Turn on a Red light. I signed it cuz she handed it to me and said i "have" to sign here.

Also I had 3 witnesses that saw her running the red light and that it was an okay time for me to turn because when I first started turning she was not an immediate hazard.

El Bastardo 01-20-2012 09:44 PM

Honestly, I'd focus on getting well and start talking to lawyers. I'm glad you're still alive, but we may not be the best source of information on this topic.

dbaz 01-20-2012 09:47 PM

when turning left you are suppose to wait until its safe. high chance that because she ran the light they will still say you didnt check to make sure it was safe. unless you have witnesses or video you are screwed. in cases like this its almost always the fault of the person who turns left, sometimes even if they have witnesses

Xamount 01-20-2012 09:49 PM

Quote:

Originally Posted by dbaz (Post 7769254)
when turning left you are suppose to wait until its safe. high chance that because she ran the light they will still say you didnt check to make sure it was safe. unless you have witnesses or video you are screwed. in cases like this its almost always the fault of the person who turns left, sometimes even if they have witnesses

I understand that but when I first started my turn, she was not an immediate hazard and I heard from witnesses after that she gunned it through the intersection with no regard for the red light and hit me.

In fact, i was ALMOST completed my left turn which means that she had alot of time to brake and yield to me. Plus it was a red light for her in the first place...

chunk_stir 01-20-2012 10:03 PM

Quote:

Originally Posted by Xamount (Post 7769248)
Yesterday i was involved in a car accident and i need your guys' opinions on who's at fault, etc.

What happened: (Canada, BC)

I was in a left lane waiting to turn left on a green left turn light.
...

That's all that needs to be said for it to be your fault... unfortunately. Left turners always are at fault, regardless if the oncoming traffic is running a red.

Im not ICBC, but I'm pretty sure that's the answer you'll get.

dbaz 01-20-2012 10:10 PM

Quote:

Originally Posted by Xamount (Post 7769258)
I understand that but when I first started my turn, she was not an immediate hazard and I heard from witnesses after that she gunned it through the intersection with no regard for the red light and hit me.

In fact, i was ALMOST completed my left turn which means that she had alot of time to brake and yield to me. Plus it was a red light for her in the first place...

to icbc that doesnt matter they dont care where you were only that you were turning left

Xamount 01-20-2012 10:11 PM

Quote:

Originally Posted by chunk_stir (Post 7769269)
That's all that needs to be said for it to be your fault... unfortunately. Left turners always are at fault, regardless if the oncoming traffic is running a red.

Im not ICBC, but I'm pretty sure that's the answer you'll get.

Wtf... Given the situation, both lights perpendicular to me had turned green, I was stuck in the middle of an intersection and needed to turn left, I was ALREADY in the process of COMPLETING my left turn, shouldn't she have SEEN me turning left on a red light and yielded? I don't understand how this is my fault in any way. When I first started turning she wasn't even an immediate hazard, her car hit me at speeds that were above the speed limit.

murd0c 01-20-2012 10:14 PM

You will be at fault 100% since you were turning left. I had a friend in the same situation and always the person turning is responsible and there is nothing you can do about it.

Xamount 01-20-2012 10:16 PM

Quote:

Originally Posted by murd0c (Post 7769286)
You will be at fault 100% since you were turning left. I had a friend in the same situation and always the person turning is responsible and there is nothing you can do about it.

Even if I can prove that she ran the red with witnesses?

Cuz thats fuckin bullshit if thats the case.

Motor Vehicle Act Section 174:

"When a vehicle is in an intersection and its driver intends to turn left, the driver must yield the right of way to traffic approaching from the opposite direction that is in the intersection or so close as to constitute an immediate hazard, but having yielded and given a signal as required by sections 171 and 172, the driver may turn the vehicle to the left, and traffic approaching the intersection from the opposite direction must yield the right of way to the vehicle making the left turn."

At the position where I was hit, after having taken pictures, I was 80% completed my turn and given that sentence in the Motor Vehicle Act and witness statements stating that she had run the red, shouldn't she have yielded the right of way to the vehicle making the left turn? (Me)

dbaz 01-20-2012 10:19 PM

just bend over and get the lube ready buddy

Culture_Vulture 01-20-2012 10:26 PM

I don't know the exact rules/regulations, but I'd say the majority of people who've responded are right.
My dad got t-boned in pretty much the same situation as you, and ICBC concluded that he was at fault, even though he had waited for a good few seconds after the lights at the intersection had turned red.

You'll probably need to talk to some lawyers, good to hear that you didn't suffer any life-threatening injuries.

murd0c 01-20-2012 10:28 PM

Quote:

Originally Posted by Xamount (Post 7769287)
Even if I can prove that she ran the red with witnesses?

Cuz thats fuckin bullshit if thats the case.

Motor Vehicle Act Section 174:

"When a vehicle is in an intersection and its driver intends to turn left, the driver must yield the right of way to traffic approaching from the opposite direction that is in the intersection or so close as to constitute an immediate hazard, but having yielded and given a signal as required by sections 171 and 172, the driver may turn the vehicle to the left, and traffic approaching the intersection from the opposite direction must yield the right of way to the vehicle making the left turn."

At the position where I was hit, after having taken pictures, I was 80% completed my turn and given that sentence in the Motor Vehicle Act and witness statements stating that she had run the red, shouldn't she have yielded the right of way to the vehicle making the left turn? (Me)

I was just saying how ICBC works thats all. I hope you get off with it but prepare for the worst and if the order driver is held liable buy a lottery ticket cause I can't see that happening at all.

dru 01-20-2012 10:31 PM

If the driver t-boned your passenger side door then I couldn't consider that a 80% completed turn. Unless it was the rear passenger, but even still. But I digress, you're obviously upset and for a very good reason. Everyone is just giving you their opinion, just take it with a grain of salt, but it's always better to err on the side of caution. As someone else suggested, take care of yourself and leave it up to ICBC. If your witnesses can corroborate your story that she gunned it through a solid red when it's green for the lanes running perpendicular then in my opinion it should be her fault. This is my opinion so I could be totally wrong. Best of luck OP!
Posted via RS Mobile

Xamount 01-20-2012 10:38 PM

Quote:

Originally Posted by dru (Post 7769311)
If the driver t-boned your passenger side door then I couldn't consider that a 80% completed turn. Unless it was the rear passenger, but even still. But I digress, you're obviously upset and for a very good reason. Everyone is just giving you their opinion, just take it with a grain of salt, but it's always better to err on the side of caution. As someone else suggested, take care of yourself and leave it up to ICBC. If your witnesses can corroborate your story that she gunned it through a solid red when it's green for the lanes running perpendicular then in my opinion it should be her fault. This is my opinion so I could be totally wrong. Best of luck OP!
Posted via RS Mobile

It was 80% because she was on her right-hand lane, so the further lane and thats why she hit my passenger door, if she was on the left hand lane for her then she wud have hit my rear passenger door im assuming, or clipped my rear bumper, I was very close to the one-way street that the left turn leads to. In essence, she had all that time to yield to my car turning left.

_TiDy_ 01-20-2012 10:41 PM

I hope you got the names and numbers of your witnesses because they will pretty much determine whether you will be found at fault or not for this accident. Usually the person making the turn will be found at fault in an accident. If you have three witnesses who can give a statement which backs up your story, then you will probably be in good shape. Hope you get well soon.

Alatar 01-20-2012 10:41 PM

Better hope you have some good witnesses and that their contact info is correct.

ImportPsycho 01-20-2012 10:41 PM

yet another who's fault is it when crashing while turning left......
can we put up left the signal on every fking intersection?

ruthless 01-20-2012 10:44 PM

Who are these 3 witnesses? passengers in your car? or other random people. Did u get their contact information?(please tell me you did)
The only way you are not 100% at fault in this situation is if the witness tell the story above that she ran the red...even then its likely to be 50/50 but sometimes ICBC is nice(rarely) and may fault the other party IF the witnesses are truly on your side

Ruthless & Associates Inc.

Gunsmokez 01-20-2012 10:49 PM

Left turn person is at fault. Has happened to me as well.

Xamount 01-20-2012 10:51 PM

Quote:

Originally Posted by ruthless (Post 7769329)
Who are these 3 witnesses? passengers in your car? or other random people. Did u get their contact information?(please tell me you did)
The only way you are not 100% at fault in this situation is if the witness tell the story above that she ran the red...even then its likely to be 50/50 but sometimes ICBC is nice(rarely) and may fault the other party IF the witnesses are truly on your side

Ruthless & Associates Inc.

Three witnesses:

1) a mother i have never met before
2) a student that i am acquainted with
3) ^ same as above

Xamount 01-20-2012 10:53 PM

Quote:

Originally Posted by Gunsmokez (Post 7769334)
Left turn person is at fault. Has happened to me as well.

Are you kidding me? So what you're saying is that any person can simply RUN a red light t-bone a left turn person BLOCKING traffic in the middle of the intersection where lights perpendicular were green and receive NO fault for that.

cho 01-20-2012 10:53 PM

2 and 3 in YOUR car?

Xamount 01-20-2012 11:00 PM

Quote:

Originally Posted by cho (Post 7769340)
2 and 3 in YOUR car?

No i was the only person driving the car, the witnesses were not in my vehicle lol

murd0c 01-20-2012 11:01 PM

Quote:

Originally Posted by Xamount (Post 7769339)
Are you kidding me? So what you're saying is that any person can simply RUN a red light t-bone a left turn person BLOCKING traffic in the middle of the intersection where lights perpendicular were green and receive NO fault for that.

yep thats correct. The driver that hit you will say that it was unsafe for them to stop in the weather condition's and you should of been more aware of on coming traffic which ICBC will blame you at fault. Yes it's shitty but theres nothing you can do about it.

Aleks 01-20-2012 11:05 PM

I was in an accident 6 years ago, except I was the one who t boned a car that was turning left, except she was trying to get thru after her advanced arrow has gone yellow and off. I was already moving towards my light which turned green and I proceeded. I hit her in the rear pass wheel. I was 75% at fault. So not always is the person turning left at 100% fault, in my case she was only 25% at fault
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