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Right of way and liability

Discussion in 'Auto Accidents, Injuries' started by ShaneS, Mar 10, 2017.

  1. ShaneS

    ShaneS Law Topic Starter Guest

    Jurisdiction:
    Ohio
    My father was let out of a parking lot by stopped traffic turning right. He crossed one lane of stopped traffic to an open left turn lane where traffic was also backed up. The front nose of his car was in the turn lane as he was the last one in line. Once traffic started to move before my father could move, a car came speeding down the turn lane and hit the drivers side corner of my father's car with the passenger side of theirs. Who is at fault? My father was partially in the turn lane stopped.
     
  2. Highwayman

    Highwayman Well-Known Member

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    What did his insurance company say?

    If he was not moving and he was struck by another vehicle it sounds like it was the other driver's fault.
     
    attkissonlegalohio likes this.
  3. mightymoose

    mightymoose Moderator

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    As you describe it, fault should be with the other driver.
    Of course, the other driver is going to claim your father "came out of nowhere".
    Are there any independent witnesses? Are there traffic cameras or any other surveillance cameras near the intersection?
    If he can find video it could help the insurance companies sort it out.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Your father.

    Your father was supposed to yield to traffic in that lane before putting the nose of his car into it.

    My educated guess is that your father will be found at fault unless, as has been suggested, there are witnesses to some egregious behavior on the part of the other driver.
     
  5. mightymoose

    mightymoose Moderator

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    That is not what was described.
    Proving what happened may be difficult though.
     
  6. army judge

    army judge Super Moderator

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    Fault (legally referred to as LIABILITY) can only be determined after trial by a judge or jury.

    Anything other than a proper verdict is mere conjecture.
     

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