Who's at Fault? Fender-bender content

My wife just got hit in the Exploder. Every panel on the driver's side is bent up, so I have a feeling it will be totaled. Luckily nobody was hurt, but my wife said her neck was bothering her slightly.

The Scene: 2 lane country road, hilly and curvy, no passing zone (double yellow stripes)

My wife had missed her turn and was driving along under the speed limit looking for a place to turn around. She says she saw a widened gravel service turn out on the opposite side of the road and was starting to turn left to turn around there. She does not recall if she was signalling the turn.

As she started her turn she was hit by somebody that was attempting to pass her (over double yellow lines). The other party said that they thought she was slowing to stop at a mail box to check the mail and was going around her.

She exchanged insurance info and took pictures, but did not call the police to the scene. When she called this in to report it to OUR insurance they said that they thought that she would be at fault. This seems wrong to me. I could see partial fault if she was not signalling, but the other person was passing in a no passing zone.

What says the collective?

The other driver was definitely at fault. He just assumed she was slowing to check a mailbox and immediately started passing? And over a double yellow which is very clearly wrong.

Driver overtaking has a duty to do so safely.

As a victim of being the passing car in this situation, a car pulled in front of me out of a driveway and I swerved to avoid him, he then turned left without indicating and I struck him, despite my action being to avoid the idiot, I was found at fault for crossing the double lines. The passing car is most definitely at fault, crossing double lines is never right.

aussiesmg wrote: crossing double lines is never right.

Where I live, despite what everybody thinks, passing or crossing a double, or yellow, line of any kind is perfectly legal. It may vary by state as well.

GlennS wrote: Driver overtaking has a duty to do so safely.

This. And if it is double-yellows (presuming you are in the US) they shouldn't be in that lane going that direction unless it is an emergency.

I'm going to go 50/50. Follower is likely at fault, but she could have very easily avoided it.

As to what the insurance people say, who the hell knows.

Just so you don't think I'm picking on you, If the vehicle was parked on the street and somebody hit it, I would still assign at least 10% blame for parking in the wrong spot. Nobody is ever blameless...

The overtaking party crossing the double yellow should be at fault. I wish she had called the police to the scene. Glad she was not hurt worse than she was.

N Sperlo wrote:

GlennS wrote: Driver overtaking has a duty to do so safely.

This. And if it is double-yellows (presuming you are in the US) they shouldn't be in that lane going that direction unless it is an emergency.

Not necessarily. At least in SC.

Double yellow, passing car is driving left of center and at fault.

In a passing zone, the passing car has right of way. The turning car is at fault. Check your mirrors before you make that left turn.

My wife's last car was totaled by someone turning left in front her while she was passing. She was not at fault.

In reply to Toyman01:

I don't know if you're just wording it differently or if the law is actually different. I call a solid double yellow line a "double yellow". If it is a passing zone, I don't. Knowing my lingo, are we on the same page?

Several states make it perfectly legal to cross and pass on double yellow.

N Sperlo wrote: In reply to Toyman01: I don't know if you're just wording it differently or if the law is actually different. I call a solid double yellow line a "double yellow". If it is a passing zone, I don't. Knowing my lingo, are we on the same page?

We probably are.

For South Carolina.

Double Yellow. No passing either lane.

Solid/Dotted. Passing right lane only.

Basically, if there is a solid yellow line in your lane, no passing is allowed. If the passing car in question initiated the pass in a no passing zone, it is probably at fault. If the pass was in a lawful passing zone, then the turning car is at fault.

In reply to bgkast:

Sorry for your apparent loss of a vehicle. I hope your wife is not hurt. Sucks all around. Now, since this is the internet.. I'll be blunt rather than my usual friendly self (like I am in person).

Does wife ever signal for a turn?

My belief: The overtaking car is at fault for failure to maintain safe distance to vehicle in front. Sucks to be either one in this situation, but technical fault lies with the passing car.

My shark jump conclusion: Tell your wife to signal next time and have some respect for drivers around her. She is lucky to be not technically at fault for the accident she caused.

To zombie and foxtrapper:

I would like to know what state allows passing under any circumstance (besides a tractor or Amish buggy with a slow moving vehicle emblem) across a solid yellow line. I've lived in a bunch of states and every one categorizes double yellow (or solid single stripes on your side) as a NO PASSING ZONE.

Datsun1500 wrote: Even in a passing zone, how can the car in front be at fault? I slow to turn, you decide to pass me from behind and I need to yield to you? I don't think so. South Carolina law: SECTION 56-5-1860. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

This does not give the vehicle being passed the right to turn left, without signaling, in front of the passing vehicle. It only means that the passing car can't cut-off the car being passed and force it to take evasive action.

There are also laws that require a turn signal, even when turning left on a double yellow. This is a 50/50. Had either of these driver's followed the law, the accident could have been avoided.

As a practical matter, what do you do when you are on a two lane country road, with a double yellow and there is a car going very slowly in front of you. How many of you wouldn't pass if you were sure there was no oncoming traffic?

I lost a friend on a motorcycle when a pickup truck with a horse trailer turned left as he was passing. No lines on highway.

Honk horn. Wait for wave around?

Sometimes it just makes sense to slow the berkeley down and be inconvenienced for a moment.

Datsun1500 wrote: Even in a passing zone, how can the car in front be at fault? I slow to turn, you decide to pass me from behind and I need to yield to you? I don't think so. South Carolina law: SECTION 56-5-1860. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

If it's a lawful pass, the passing vehicle has the right of way. That's how the SCHP read it and the insurance companies. I've already cashed the check and bought another car. No questions were asked. Passing zone, car turned in front of a passing vehicle, my wife. Tickets were written and their insurance sent me a check for the price of the car.

I am confused, the double unbroken lines is an international standard, why would any state have a different law to the rest of the world. (Yes, I said world)

Unless it is to get fines from unexpecting visitors thereby driving tourists away.

Is there any logical reason to go against everybody else's standard, hell it is questionably legal to cross double lines to park in parallel parking spaces on the opposite side of the road in my town.

Not the standard in Canada. You are allowed to pass on any combination of yellow line(s) in Ontario, but 95% of the population think you aren't.

she didn't call the cops so you guys might be screwed. rule 1 - always call the police. always. write it backwards on her forehead in sharpie so she can look in the mirror and know what to do next time she fails to signal and gets creamed.

patgizz wrote: she didn't call the cops so you guys might be screwed. rule 1 - always call the police. always. write it backwards on her forehead in sharpie so she can look in the mirror and know what to do next time she fails to signal and gets creamed.

and tell her you ticked off the optional turn signals, so use the danged things

I don't see how a roadway with a double yellow line, curves, and hills could be considered a passing zone. The passing driver guessed wrong, and should be found at fault. Guessing is not a good strategy to avoid a collision. Also some jurisdictions could consider a driveways a type of intersection, and you cannot pass at an intersection.

From the Washington vehicle code under right of way for left turns...

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

Notice it says opposite direction, not same direction.

i almost can't believe we're discussing this, except, its GRM and we have nothing else to do... The following driver 'thought' instead of 'knew'. once she OPENED the mail box, THEN you KNOW, THEN you can pass, IF its clear. this situation SCREAMS 'following driver was in a big ole' goddamn hurry'.

And i'd like to see official documentation of any law that provides right of way to the passing car, cause it would go against everything i have ever been taught or ever read. ever.

done.

-J0N

OHSCrifle wrote: To zombie and foxtrapper: I would like to know what state allows passing under any circumstance (besides a tractor or Amish buggy with a slow moving vehicle emblem) across a solid yellow line. I've lived in a bunch of states and every one categorizes double yellow (or solid single stripes on your side) as a NO PASSING ZONE.

PA for one.

But you also made the mistake thinking that one can inherently cross the double yellow to pass a tractor or Amish buggy. In many states, there is no such exemption.

In those states that do allow for it (and even Maryland does), it does not require a SMV sign or such. Any vehicle driving slowly along the shoulder for example qualifies. Such as one driving slowly along the shoulder, planning to do a u-turn (which in many cases, is actually illegal).

Driver overtaking from the rear crossing over double yellow is at fault.

How does anyone know she wasn't slowing to avoid a dog in the road, a ball rolling into the street or any other reason to slow but remain in your lane?

You can't just pass whenever you want, that's what the yellow lines are for after all.

And PLEASE call the police to the scene next time!