Automotive

[KINDA SOLVED] Whose fault for getting rear-ended after stopping at a red light and proceeding to make a right turn

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  • Jan 15th, 2019 5:58 pm
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[KINDA SOLVED] Whose fault for getting rear-ended after stopping at a red light and proceeding to make a right turn

Just a hypothetical question I encountered this morning.

I was going to make a right turn and as the car in front of me made a right, I stopped before the pedestrian crossing to check for pedestrians and oncoming traffic to my left. When I noticed there a big enough gap like no cars in sight when I glanced left, I made the right turn quickly so that my car was now completely parallel to the street I made a right turn on (I always try to make sure just in case something like this happens). Then out comes this Volvo that probably accelerated (not really sure) to get past the intersection and blew his horn at me for a few seconds. I do have a good sense of how far the car was initially going and I'm thinking this car started accelerating beyond the normal 65 km/h on a 50 km/h zone. Many cars are like that, they start of slow and when they noticed someone trying to make a right, they speed up because they have the right of way.

I did raise my hand to acknowledge my potential mistake and "apology" and he didn't blow his horn again.

If he ended up rear-ending me, would it have been a 50/50? He would have smashed his Volvo into the rear end of my 02 Civic head on, no angle (well except 180 degrees) whatsoever.

I don't know how to do fancy animation so my apologies and I don't want to open a new account to admit my mea culpa. :)


Update:
Some cool animations here:
https://www.insurancehotline.com/at-fault-rules/
Last edited by alanbrenton on Jan 15th, 2019 10:50 am, edited 2 times in total.
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I forgot to mention that twice in the past month or so did I encounter two idiotic drivers exiting the Train Station where I was driving along at 70 km/h on a 60 zone on the left lane and they made a right turn onto my lane when they could have safely driven on the right lane (two lane stretch).

It makes me thing they are lazy to shift lanes and that if I rear-ended them, I would be at fault even if they were suppose to turn into the right lane ending in 300 meters?

Thoughts on this one? For one car, I did shift to the right and overtook the ahole, responsibly without driving like an ahole.
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Not sure the answer but you might not have a good sense of the distance and how much room you had if you got honked at like that.
I hate when cars think they have room and end up cutting me off so I have to slow down or slam on the breaks. I usually honk too to let them know they are an idiot or have made a mistake so maybe they will learn from it.
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I don't know how insurance or the cops would see it but I believe you would have been 100% at fault for making a right on a red when it wasn't clear.

Was there something that could have been blocking your view of the Volvo (pedestrians, bus shelter, etc)? This is what I tend to do now. Check both sides for pedestrians and then slowly creep up on the corner with my foot hovering on the brake. The reason on the creeping up is to double check on the cars coming from the left. Some or most people want to make sure that they make the green light so they speed up as they get closer (this is probably what the Volvo did). Also, the creeping is to make sure that there are no pedestrians running to the crosswalk which happens when pedestrians want to make the light as well.
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ds2chan wrote: I don't know how insurance or the cops would see it but I believe you would have been 100% at fault for making a right on a red when it wasn't clear.

Was there something that could have been blocking your view of the Volvo (pedestrians, bus shelter, etc)? This is what I tend to do now. Check both sides for pedestrians and then slowly creep up on the corner with my foot hovering on the brake. The reason on the creeping up is to double check on the cars coming from the left. Some or most people want to make sure that they make the green light so they speed up as they get closer (this is probably what the Volvo did). Also, the creeping is to make sure that there are no pedestrians running to the crosswalk which happens when pedestrians want to make the light as well.
Good to know. Hopefully for my second example, they police officer will not find me at fault lol.

Nope, there was definitely a big gap because I let other cars pass through before making the right. This Volvo is one that wasn't follow the flow of traffic but likely decided to speed up.
Last edited by alanbrenton on Jan 14th, 2019 1:21 pm, edited 1 time in total.
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You'd be at fault if you admit it, if there was a witness, a dash cam or it gets far along that you'd need to get the city involved to prove that you turned right at a red light.

No matter how clear you thought your turn was, you caused a collision. The problem is, it looks like a rear-ending and the Volvo would be at fault initially.
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ADRiiAN` wrote: You'd be at fault if you admit it, if there was a witness, a dash cam or it gets far along that you'd need to get the city involved to prove that you turned right at a red light.
I thought with 100% rear ending, it was always the fault of the person behind for following too closely or driving too fast?

I'm not trying to excuse myself. Just want to know if someone has been in a similar situation. I'm not very aggressive when driving.
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ds2chan wrote: I don't know how insurance or the cops would see it but I believe you would have been 100% at fault for making a right on a red when it wasn't clear.

Was there something that could have been blocking your view of the Volvo (pedestrians, bus shelter, etc)? This is what I tend to do now. Check both sides for pedestrians and then slowly creep up on the corner with my foot hovering on the brake. The reason on the creeping up is to double check on the cars coming from the left. Some or most people want to make sure that they make the green light so they speed up as they get closer (this is probably what the Volvo did). Also, the creeping is to make sure that there are no pedestrians running to the crosswalk which happens when pedestrians want to make the light as well.
I stopped before the crossing and then of course partially past it to get a better view. There is no creep, I was stopped and driving manual transmission vehicle.
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I will be more careful next time when I make the right turn and be a little more aggressive when I'm heading straight. Still I usually follow the flow and not leave gaps and then suddenly accelerate and try to catch up when I get back my consciousness lol.
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1C5 wrote: Not sure the answer but you might not have a good sense of the distance and how much room you had if you got honked at like that.
I hate when cars think they have room and end up cutting me off so I have to slow down or slam on the breaks. I usually honk too to let them know they are an idiot or have made a mistake so maybe they will learn from it.
Believe me, I don't try to cut into people when making a right turn and then drive like a turtle subsequent to that. So many cut you off on a right turn and drive like a turtle; that's also my pet peeve. They might as well wait for the traffic to end before they slow everyone down with their antic. :)
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People are so impatient. Just yesterday, I was approaching an intersection to make a right turn. My light turned red, so I came to a stop. The car behind me started honking because they wanted me to run the red and make the right so that they could do the same, instead of waiting for the cross traffic.
Last edited by derass on Jan 14th, 2019 1:35 pm, edited 1 time in total.
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derass wrote: People are so impatient. Just yesterday, I was approaching an intersection to make right. My light turned red, so I came to a stop. The car behind me started honking because they wanted me to run the red and make the right so that they could do the same, instead of waiting for the cross traffic.
I always stop at a red light or stop sign completely. I've had that experience myself getting honked from behind. Crazy drivers I tell you. And a short honk (for attention) is always better than a long and loud one.

Too many drivers do a rolling stop. Some don't even bother lol.
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Maybe you didn't do this but I don't like when driver stop to right turn and hesitatite for a moment, you can tell their wheel stop and go and stop, and jump into the lane I am on at last second when I am going straight.
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peteryorkuca wrote: Maybe you didn't do this but I don't like when driver stop to right turn and hesitatite for a moment, you can tell their wheel stop and go and stop, and jump into the lane I am on at last second when I am going straight.
I wouldn't do that. I took out collision coverage so any accident, even if I'm not totally at fault, is no good. :)

I'm usually courteous. I will be more careful when making right turns (or lefts, etc.) going forward, especially when the roads could be slick.
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derass wrote: People are so impatient. Just yesterday, I was approaching an intersection to make a right turn. My light turned red, so I came to a stop. The car behind me started honking because they wanted me to run the red and make the right so that they could do the same, instead of waiting for the cross traffic.
You made no mistake. You have to stop at the red before turning right. If you fail to stop before turning right on a red and an officer witnesses it, then it’s the same as running a red light and will get a ticket for fail to stop for red light.
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I have been on major streets and I do see drivers making right turn which they thought they have enough gap but no... I brake so they would able to have enough time to get up to speed to the flow.

I actually need to horn twice last week because the other driver decided to turn after I entered the intersection..
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A forbidden right turn rule at red light ( same as Quebec and Europe) is really needed in Ontario in order to cancel out the estimation inability factor.
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I don't mind being cut off if the person accelerates quickly and I don't have to brake. What I do hate are the people that have plenty of time to turn, but go so slowly that I am forced to brake or change lanes.

As for OPs question, it depends if the rear ender has a dashcam showing he was cut off, otherwise it's he says/she says and at best it will be 50/50 and at worse 100% fault of the rear ender.
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kooroshkabir wrote: A forbidden right turn rule at red light ( same as Quebec and Europe) is really needed in Ontario in order to cancel out the estimation inability factor.
Yeah, as if the Volvo I described didn't start accelerating when he left probably a 10 car gap in front of him initially.

You probably have no clue what that would do to traffic lol but sure talk to your MP.
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That’s where I love my EV. With such a beautiful torque, I am able to speed up instantly upon taking a right turn. I’m only hoping I don’t have to drive a gasoline car ever again otherwise I just might need to “re-learn” driving. Face With Stuck-out Tongue And Winking Eye
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