
CoPa
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take it to court, the law is a little strict when handling these matters with a policeman. if you couldn't see him coming (which i'm sure that's the reason they put a 25 mph speed limit up instead of a 45) then justice will prevail, the douche will probably cry when he sees your subpoena and decide to admit it's his fault. but i'm only going by exactly what you said.
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BabyGirl
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i dont think that you have to pay for his damages. and its the officer's fault.
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My Take On Life
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IDK...I was in an accident where a guy turned in front of me...I was speeding so the officer wrote me the ticket. I though that since he pulled out in front of me that he was in the wrong...everyone else did too but that was the discretion of the officer. Thats the "beauty" of their position...your fate is at that one officer's discretion
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kb
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it should be his
he was speeding
now if he was giong the speed limit, he shouldnt of hit you
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Prodigy
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/agree with dwayne
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Jason M
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You both are at fault.. Why don't you talk to an insurance company instead of Yahoo Answers?
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S
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Your fault - you can't prove the other cars speed, but you can prove you made a mistake.
You should may for all the damage, make sure you look properly. Everyone speeds, in my opinion, not looking is a worse crime.
45 is not too fast for you to see that the car was there. Police officers don't just make it up as they go along, if he said you were to blame then you were. Grow up and accept some reponsibility for your actions.
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NUNU A
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something had happened to me but i'm sure you had a stop sign
if there wasn't he should be to blame
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ya472
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Fair doesn't always apply.
I was rear ended by a road warrior, but because I had previously 'changed lanes' to pass him, and he accelerated in an attempt to block me or intimidate me(?).
Apparently it doesn't matter. The police dropped the ticket when I went to court, but the Insurance company says, 'Sue us" !
The insurance company would NOT even look at new evidence. They just want to argue the validity of their decision. FK !
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grenmatta
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The excessive speed of the other car may well have been a factor but firstly, the onus is on you to ensure the road is clear and secondly, you have no way of proving he was speeding. Let's face it he/she isn't going to own up, so you're stuffed.
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loves christmas lights
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He had the right a way. When entering a roadway, making a turn, when you are altering your driving it must be when clear. You will encounter many situations like this, and it is very dangerous. I have found over the years that when possible I go to a traffic light, so that I might have less chance of having an accident. I would offer this to you. Go park on the right side of the road near where your accident was, in a parking lot, and watch how the traffic flows in that area, to better understand what happend. You may discover that there is something pertinent to the accident, but most likely you will see how others handle that area. Im sorry it happend. Usually getting hit like you did, the person turning is usually found in the wrong.
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Sillyduck
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it is true, people going straight do have the right of way..there is no way that you can prove he was speeding and you should have just been more careful. I don't know how you didn't see him though even though it was up a hill. And i agree with you, it doesn't seem fair, but what can you do now?
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JOHNNY C
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life is a *****
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Volleyball_love*
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People going straight have the right away.
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dtbdaman5
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He did have right of way but yes he was still speeding.
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DC*
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no no no no you got it all wrong.
unfortunately you're at fault.
the parking lot is on a slope right? therefore with the angle of your car, you could have still seen the car coming to avoid the collision. and although he was speeding, he still had the right of way because he was going straight.
perhaps you need to resit your driving exams?
having said that, the other person also slightly wrong because he was speeding and if he was driving slower, then he could have at least stopped to prevent it (but he was going fast AND he had the right of way, so to be honest it wouldn't have mattered if he was speeding or not) and if he was driving slow then you could have seen him and so you wouldn't have turned in.
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Spaceweezle
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Unless there are witnesses that can claim he was speeding, which is kind of hard because people have varying perceptions of speed ... so without a speed camera there is no solid proof that he was speeding.
In this situation, it would be taken to court and if found guilty of speeding in effect reducing other drivers reaction time significantly, he might be held responsible.
However it is likely legal costs and time dedicated to a legal battle will outweigh the reinburstment you would recieve for damages to your car, giving that you actually win.
Thats my thoughts on it.
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Ash
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yer its not fair but s**t happens
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Foreplay
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The law is very confusing and tricky.
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sweetroll
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You should have looked before taking off. Even at 45 mph you would have seen him and shouldn't have pulled out. You are lucky you were not injured. This one isn't worth fighting because you will lose and still have to pay for your car to get fixed.
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cuddles
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he did have the right of way unfortunately...the person at fault was the one that was cited for the accident..
if you got the ticket then im sorry but you were at fault according to the police officer..
you do have the chance to appeal the ticket and take it to court so you can tell the judge your version of what happened and show any proof you may have that it should b the other drivers fault (im not saying he/she will agree but that is an option you have)
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Stacey h
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Sori but i would say you were at fault TECHNICALLY.
Because at the time of the accident you were on the wrong side of the road!
it happens 2 my dad once, a moped decided 2 overtake at a T junction as my dad was pulling out, he woz in my dads bling spot but the still rules it as my dads fault .... Some of the things they *** up wif ey!!!
Sorry
x
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MS
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Sorry, dear--the police officer is right. I know you don't like this answer, but it's the honest truth.
You didn't check that the "path" was clear before you turned, you see--well, perhaps you did, but that's how the police view it. You were crossing OUT of your "designated" lane through the lane of traffic going in the opposite direction, and it is your duty to make sure the way is clear. If you see a car coming, it is your job to wait, estimate the speed of the vehicle, and determine if you can "make it" across the lane safely, without being hit, before you execute your turn.
Bottom line--you got hit while you were in a lane you were not supposed to be in, save to cross it. The cars IN that lane, going in the opposite direction from you, have that "right of way." Yes, it is unfair. If the officer was being totally correct, he should have given you the ticket for being at fault, and given the other driver a ticket for "contributing" to the accident due to his excessive speed.
The jerk that hit you, even though he was going too fast, DOES have the right of way. The lane he was in was "his"--not yours, you see.
It does seem unfair. I'm sorry I couldn't give you a happier answer.
Good luck...! ~~~
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firsttimer
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Sorry it's hard, but if you can't see what's coming, you should not have turned. That's how accidents happen. His speeding is a whole other problem.
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Stephen T
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It's still your fault because your supposed to drive defensively and should have anticipated somebody might so something like that. The officer should have ticketed you for failure to yield.
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Dwayne
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Life isn't fair.
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amanda! [ahoy]
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If he didn't have a stop sign, he did have the right of away, even if he was speeding and going up a hill.
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mortimerobituarymortimerobituary
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people going straight have the right of way to people who are turning. it sounds like you cant really prove he was speeding anyway.
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shizzle
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unfortunately, you were at fault - the vehicle going straight always has the right of way....
i was a Risk Management Advisor to celebrities (mainly pro athletes) for over a decade, and i can't tell you the number of times i had one of them come into my office and argue this very point backwards and front...even though money wasn't an issue, they were just angry that they were at fault! - here's what i told them each time:
"It may not seem fair, but imagine life the other way around - Imagine if whenever you were driving straight, anyone could just turn in front of you at any time, and it would be your fault if you hit them?? - Yeah, see, that's why it's the other way around."
that didn't make them any happier, but they understood why they were at fault a little better.
glad no one was hurt. :)
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