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-   -   So who's at fault in this accident? (https://www.revscene.net/forums/702184-so-whos-fault-accident.html)

sniperkirby 03-13-2015 07:19 PM

So who's at fault in this accident?
 
I need your guys's opinion on this one. I was in an accident which took place along river road in Richmond Right under the 2.Road Bridge.

So here's what happened. I was along river road east bound while the other party was heading west bound. We both approached each other when I saw that he had his left turn signal on wanting to turn left to go south-bound onto 2 road. He merged into the left turn lane and I noticed that he stopped. Assuming that I have the right of way because I was going straight through, I kept constant velocity. When we were maybe 5-10 meters away from eachother, he decided to left turn and I did not have any space to come to a stop despite slamming on the brakes. I T-boned him on his Rear passenger side door and wheel, with my front passenger side. This is a Single lane road so I had no other lanes to merge to. Also, This intersection has no traffic signs, no stop signs, no lights, no yield signs, just a pedestrian crosswalk but there were no pedestrians at the time. here is a diagram of what the scene looks like from a birds eye view:
http://cmpt165.csil.sfu.ca/~bylee/traffic/traffic.png

Heres my car:
http://cmpt165.csil.sfu.ca/~bylee/traffic/IMG_4217.JPG

Heres his car:
http://cmpt165.csil.sfu.ca/~bylee/traffic/IMG_4208.JPG


Also, I have an eye witness who I also reported to ICBC, I also have a voice recording of the other party which I have not yet submitted to ICBC admitting that he misjudged the distance between me and him. Is this enough evidence to leave the other party with 100% liability?

So what do you guys think?

fliptuner 03-13-2015 07:33 PM

IMO, based on your account, 100% his fault.

Alby 03-13-2015 07:37 PM

i believe it is 100% his fault. left turns must yield oncoming traffic and only turn when safe to do so, unless they have a left turn arrow. not sure why he decided to start making the turn when you haven't passed him yet.

sniperkirby 03-13-2015 07:46 PM

Quote:

Originally Posted by Alby (Post 8609642)
i believe it is 100% his fault. left turns must yield oncoming traffic and only turn when safe to do so, unless they have a left turn arrow. not sure why he decided to start making the turn when you haven't passed him yet.

me neither... just goes to say that shit happens...

sniperkirby 03-13-2015 07:47 PM

is it also possible for him to call me out on speeding instead? Although i wasn't but neither of us had a dash cam.

knight604 03-13-2015 07:50 PM

No evidence

El Dumbasso 03-13-2015 07:50 PM

Quote:

Originally Posted by sniperkirby (Post 8609647)
me neither... just goes to say that Richmond happens...

FTFY

Edit: Even if you were speeding, the onus is on the other driver to ensure the intersection is clear before proceeding.
PS: I love the use of MS paint in the original post ;)

Tone Loc 03-13-2015 08:02 PM

Entered thread and scrolled through pics, saw that was in Richmond, expecting at-fault driver's car to be a silver Toyota sedan or white Lexus RX-series SUV...


...leaving thread satisfied.

MeowMeow 03-13-2015 08:04 PM

I take that road & left turn there quite regularly
you do have right of way so the other party is f'ed for sure

fliptuner 03-13-2015 08:05 PM

Quote:

Originally Posted by El Dumbasso (Post 8609652)
PS: I love the use of MS paint in the original post ;)

Are there Egyptian crossings anywhere outside of Richmond? :fullofwin:

smaggs 03-13-2015 08:14 PM

Read the story and it sounds like his fault...then i looked at the pics of where the damage is on each car and i'm confused as hell

LP700-4 03-13-2015 08:17 PM

Dat camber on the camry now tho

El Dumbasso 03-13-2015 08:41 PM

Quote:

Originally Posted by ICE BOY (Post 8609661)
Are there Egyptian crossings anywhere outside of Richmond? :fullofwin:

Egypt. :pokerface:

Soundy 03-13-2015 09:59 PM

Quote:

Originally Posted by sniperkirby (Post 8609648)
is it also possible for him to call me out on speeding instead? Although i wasn't but neither of us had a dash cam.

Not really relevant anyway, he still turned when it wasn't safe for him to do so.

Gh0stRider 03-13-2015 11:12 PM

looks like his fault. He needs to ensure the intersection is clear before making the turn.

jeedee 03-13-2015 11:21 PM

Quote:

Originally Posted by Alby (Post 8609642)
i believe it is 100% his fault. left turns must yield oncoming traffic and only turn when safe to do so, unless they have a left turn arrow. not sure why he decided to start making the turn when you haven't passed him yet.

Quote:

Originally Posted by Soundy (Post 8609708)
Not really relevant anyway, he still turned when it wasn't safe for him to do so.

Quote:

Originally Posted by Gh0stRider (Post 8609739)
looks like his fault. He needs to ensure the intersection is clear before making the turn.

Pretty much sums up your case OP

Also the fact you have a recording of him admitting he misjudged the distance makes him more fucked

swfk 03-13-2015 11:22 PM

It's clearly the other party's fault. Even if he suddenly tells the adjust that you were speeding the adjust won't care, unless both cars are completely mangled and flipped over 50 metres away. That's when they'll think that speed is a factor.

The_AK 03-13-2015 11:38 PM

100% his fault but ICBC will still find a way to find it 50/50 because they're fuck asses

ts14 03-14-2015 12:04 AM

It's Stubbz fault

sniperkirby 03-14-2015 12:19 AM

Quote:

Originally Posted by jeedee (Post 8609742)
Pretty much sums up your case OP

Also the fact you have a recording of him admitting he misjudged the distance makes him more fucked

Thanks for all the tips and advice, appreciate it all! I have already made the claim and explained just the gist of it to the ICBC rep at time of accident, do you guys think they'll call me back to ask me about the situation in greater detail or is it a good idea for me to call them and add details to the existing case? biggest accident for me so far, sorry for the rookie questions :whistle:

Quote:

Originally Posted by LP700-4 (Post 8609668)
Dat camber on the camry now tho

LOL...

RiceIntegraRS 03-14-2015 11:17 AM

U should be fine, if u drew out that picture for icbc, it will speed up the process as well in your favor.

entrax 03-14-2015 11:41 AM

Quote:

Originally Posted by smaggs (Post 8609664)
Read the story and it sounds like his fault...then i looked at the pics of where the damage is on each car and i'm confused as hell

Looks like the camry just missed getting hit, so after the hit, it probably fishtailed just a bit, but still heading towards no.2rd until it came to a stop just into no.2rd past the intersection. mitsubishi didn't get stopped fully since it wasn't a direct t-bone, but just the rear section of the camry, so it kept on going just a little further past where the left turn was.

from the damage on both cars, it doesn't look like speed will be questioned, however keep that recording safe. keep copies.

witness can turn against you and if the other party lies, which i'm not sure how they can even come up with any other story based on the pics, you'll want that evidence.

i was involved in an incident where there was no witness, no actual collision between the cars (other party turned into wrong lane, i avoided collision and scraped both opposite side front and rear wheels and damaged sidewalls as a result), so it was a "he said, she said" deal. other party wanted to settle out of icbc, when they decided it was too expensive and go through icbc instead they lied saying she turned into the correct lane. i had a handwritten message with her signature saying it was 100% her fault that she signed road-side at the incident. icbc didn't ask for any more photos/explanations. i sent an email with a copy of the handwritten message with signature, 2 minutes later, "claim resolved, no deductible". so just in case, make sure that recording is safe.

Mancini 03-14-2015 12:43 PM

Classic left turner. His fault.

sniperkirby 03-14-2015 04:10 PM

Just an update: Called ICBC, they said other party is 100% at fault :fuckyea:
i rest my case

Matlock 03-14-2015 05:15 PM

One of the best feelings of relief, ever. I know.

Also, nice car.


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