Automotive

Would I be at fault?

  • Last Updated:
  • Jul 10th, 2020 2:16 pm
Tags:
[OP]
Sr. Member
User avatar
Oct 24, 2011
951 posts
502 upvotes

Would I be at fault?

Hey guys
I was driving at right speed on regular road at speed limit 50km/h, there was a car driving out from plaza on right side and drivers on right lanes (3~4 of them) were letting him go first.
There was no traffic light or stop sign and as I was on the other lane closer to mid lane, I was just driving straight.
I didn't see the guy coming out from plaza because of 3~4 cars fully stopped on right lane to let him go.
The guy wanted to turn left from plaza, he was moving very slowly, but we ended up get in collision.
In this kind of scenario, would I be at fault at all? 50/50? or 100%?

Please see attached bad drawing
drawing.png
13 replies
Member
Dec 11, 2011
432 posts
629 upvotes
CALEDON
his fault. only turn left when safe.
Deal Addict
User avatar
Feb 10, 2006
3578 posts
942 upvotes
I believe the guy making the left turn would be at fault
[OP]
Sr. Member
User avatar
Oct 24, 2011
951 posts
502 upvotes
sik20fan wrote: his fault. only turn left when safe.
That's what i thought, but my neighbor who used to work at insurance company said I might be at minimal fault like 10~25% because:
1. not pay attention, as few cars were stopped to let him go
2. not pay attention, didn't see the guy coming out from plaza (I honestly couldn't see though)
3. in auto insurance rule, if both cars are in movement.. he said it's almost never on 1 driver's 100% fault.
Sr. Member
Apr 29, 2007
864 posts
572 upvotes
Richmond Hill
The other driver is 100% at fault.
Deal Expert
Aug 22, 2011
37431 posts
23499 upvotes
Center of Universe
The other driver is definitely at fault 100%.
He has to yield and give the right of way.
Deal Expert
Jan 15, 2006
18780 posts
18358 upvotes
Richmond Hill
Dude coming out of the plaza is 100% at fault.
Deal Addict
User avatar
Dec 11, 2003
2743 posts
1301 upvotes
Toronto
ESJExplorer wrote: That's what i thought, but my neighbor who used to work at insurance company said I might be at minimal fault like 10~25% because:
1. not pay attention, as few cars were stopped to let him go
2. not pay attention, didn't see the guy coming out from plaza (I honestly couldn't see though)
3. in auto insurance rule, if both cars are in movement.. he said it's almost never on 1 driver's 100% fault.
I agree with what everybody else said that it's the other drivers fault.

For #1, how would you know that the line of cars stopped. For all you know the first car slowed down to turn into the parking lot and not stopped. As in, why would you be expecting a car to turn left out of the parking lot right in front of you.

Did the police come? I assume no since you didn't mention them. Is the other driver going to pay? If no, then go through insurance and report this to the collision centre.
P10 2.4 THz CPU || 8 TB Ram || WD 300 TB HD || Nvidia w/ 32 TB Memory

"You're only as dumb as you look"
Deal Guru
User avatar
Mar 9, 2007
14955 posts
11403 upvotes
Think of the Childre…
Left turner is at fault 100% that's if when you are going straight without traffic in-front of you and were not going to block the left turner.

BTW get a dashcam!

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Addict
Jan 1, 2013
2035 posts
1301 upvotes
Durham
He's at fault for not ensuring the road was clear. Stopped cars didn't affect your lane and you couldn't see him coming out. Straight has right of way especially when someone is coming out of a private driveway.

Technically he should turn into the right lane and than indicate and move over when safe.
Deal Addict
Jul 17, 2003
1341 posts
229 upvotes
Toronto
I think there are several scenarios in the fault determination rules that could fit your situation. In all 3 scenarios, the other driver is 100% at fault, because you have right of way.

https://www.ontario.ca/laws/regulation/900668

"8. If automobile “A” collides with automobile “B” on a controlled access road while automobile “B” is entering the road from an entrance lane, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident."

"12. (4) If automobile “B” is over the centre line of the road when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident."

"12. (5) If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident."
Deal Addict
Sep 8, 2017
4591 posts
4833 upvotes
GTA
Let this be a lesson to be more defensive. You were driving 50 km/h past a line of stopped cars. That's exactly when these kind of accidents happen. Someone pulls out unexpectedly, and you can't stop in time. In those situations, you need to proceed with caution.

Fault aside, the guy making the left was proceeding with caution slowly, but you were driving full speed through stopped traffic.
Deal Addict
Sep 8, 2017
4591 posts
4833 upvotes
GTA
Also let this be a lesson to everyone else not to let other people through, or be let through yourself, when there's heavy traffic stopped like this. Go right and take another route to your destination, or use another exit from the plaza that has a controlled intersection (traffic light) to go the direction you want.

The left turner here tried to save some time by taking the easiest route, but they crashed their car trying to snake through heavy traffic.

Top