Traffic violation procedures
in Criminal and Misdemeanor Law ·
driftingfox13 said:So, I was involved in a car accident yesterday. I failed to yield the right of way to another vehicle, which brings me to my question: is there any chance the liability could be shifted onto him if he was traveling at roughly 50 miles mph through a residential area? It happened at this small, poorly lit intersection tucked between some buildings. To clarify the sequence of events, I had already merged back into my lane when the collision occurred because his car swerved while he was braking. The police measured the skid marks on the pavement; they noted that the impact hit the side of my car, but they also confirmed that I was the one who failed to yield. Naturally, his speed was significantly higher than the limit. The officers told me I’ll have to wait for the accident reconstruction expert's report to come back. I’m trying to wrap my head around what the fallout might look like so I can prepare myself, especially since the damage to my car is massive. Is it even possible for his insurance to cover my damages due to his excessive speed, or is the fact that I failed to yield the deciding factor that leaves my insurance solely responsible for his repairs? Thanks.
What was the posted speed limit for the direction he was traveling?
Look, the way speed limits near intersections are calculated is actually pretty interesting—they basically measure how much time an average driver needs to safely merge into traffic. That timeframe is compared against the line of sight to determine a safe speed for the main road, ensuring a driver can avoid someone who just pulled out by simply easing off the gas.
To put it more simply: if he wasn't even within your field of vision at the exact moment you started merging into traffic, then his excessive speed becomes the primary cause of the accident.
Just hang in there for the expert's report; those specialists are great at "rewinding the tape" to pinpoint exactly where he was positioned when you began your maneuver. If it turns out he truly was outside your line of sight, you could potentially walk away with full coverage for your damages.