Video of my accident earlier, who's at fault?

DontGoToPaterson

Well-Known Member
I knocked on someones door and got a very grainy video but you can see some.

I was pulling out of the gas station and she came flying out of the left lane to pass me on the right side.

She said I thought I was turning into her lane so that's why she passed me on the right. But theres still a good 4 seconds of me in that lane before she hits me.

And just so it's clear I'm turning from one gas station to another to get air in my tire. The first gas stations air pump didn't work.

Her insurance called me and said based on what her policy holder said, it seems like we're both at fault.


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DontGoToPaterson

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It really doesn't matter what we think. However, it looks to me that you turned from the gas station to the left hand lane which is pretty much a no-no.
I'm still in the right lane. YOu can clearly tell right after she hits me, how fast contact was from the vehicles to the curb.
 

TomTheAnt

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You asked, I responded based on what I saw in that video.

How can she pass you from the right if you are on the right lane? Also, when I look at the car that passes on the left lane before you two, your car seems to be in pretty much the same spot when you start making your turn.

Pretty sure without a sleazy traffic lawyer to spin the thing, you are SOL. Good luck.

Time to buy a dashcam, BTW.
 
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DontGoToPaterson

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You asked, I responded based on what I saw in that video.

How can she pass you from the right if you are on the right lane? Also, when I look at the car that passes on the left lane before you two, your car seems to be in pretty much the same spot when you start making your turn.

Pretty sure without a sleazy traffic lawyer to spin the thing, you are SOL. Good luck.

Time to buy a dashcam, BTW.
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Unfortunately, that video is probably not definitive enough to establish fault so most likely you both pay. Just a guess.
why would I bet at fault. im in the right lane for a good 4 seconds. you can count it on the video.
 
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MyJessicaLS430

Well-Known Member
OP. It looks like you changed to the left lane but the other driver whom was previously behind you on the right lane hit you during the process. It seems to me that the other driver was either following too close or did not pay attention. In either case, it is just your words against theirs because it is quite difficult to judge the distance based on the video. Your dash camera may not be too helpful unless you also have one for the rear. As a side note, it may not be a good idea to make the video available to public while the claiming process is in progress.
 

DontGoToPaterson

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OP. It looks like you changed to the left lane but the other driver whom was previously behind you on the right lane hit you during the process. It seems to me that the other driver was either following too close or did not pay attention. In either case, it is just your words against theirs because it is quite difficult to judge the distance based on the video. Your dash camera may not be too helpful unless you also have one for the rear. As a side note, it may not be a good idea to make the video available to public while the claiming process is in progress.
Im not in the left lane at all, im in the lane for a good 4 seconds, you can count on the video before i was hit.

Look when i pull out from the gas station
 

DontGoToPaterson

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I am confused. How can you got hit on the right lane then? The only possibility is the other driver rear-ended you which is obviously not the case.
because the driver thought i was turning into her lane, so she was speeding in the left and tried passing me on the right as I was turning.

either way, i was in my lane for a good 4 seconds, and I was being passed on the right.
 
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Iann

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Well you can't pass a car in the right lane, especially on the shoulder.

You were still in the right lane as she assumed you were going to do something else and just tried to sneak past you on the right.

You are in the clear in my book.

You're turning right into the gas station.
She takes to the shoulder to pass you on the right and hits you.

Her insurance should cover it all from my experience.

I was rear ended with a Pax in the Car. I got money for pain and suffering and it went on the other person's insurance claim.
This was on Lyft but it's the same. I was deactivated for a hour until i sent pics of my car proving its okay to drive.
 

Trafficat

Well-Known Member
The video confuses me. Did the other driver hit your right side, or did your crash into her left side when she tried to split the lane with you? It looks like you were on the left side of the lane and turned into her when she tried to pass you on the right.
 

DontGoToPaterson

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Well you can't pass a car in the right lane, especially on the shoulder.

You were still in the right lane as she assumed you were going to do something else and just tried to sneak past you on the right.

You are in the clear in my book.

You're turning right into the gas station.
She takes to the shoulder to pass you on the right and hits you.

Her insurance should cover it all from my experience.

I was rear ended with a Pax in the Car. I got money for pain and suffering and it went on the other person's insurance claim.
This was on Lyft but it's the same. I was deactivated for a hour until i sent pics of my car proving its okay to drive.
thank you. how am i in a lane for 4 seconds and hit by a car passing on the right and im at fault?
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The video confuses me. Did the other driver hit your right side, or did your crash into her left side when she tried to split the lane with you? It looks like you were on the left side of the lane and turned into her when she tried to pass you on the right.
i was never in the left. look at where im pulling out from the gas station in the beginning. it looks because from that angle my car is still pointed going into the left because I took that turn coming out SLOW. but I was never in the left lane.

how can I be in the left lane if I Just left a gas station exit?
 

DontGoToPaterson

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Improper passing on right or off roadway (NJSA 39:4-85)
If you’re going to pass a car that’s driving in the same direction as you, you must pass that car by driving to the left of that vehicle. You can’t come back to the right side of the road until it’s safe to do so and there’s a safe distance between your car and the car you passed. If you’re not in a commercial or residential district, you must notify the other drivers that you’re going to pass by honking or giving some other warning. Of course, you can’t pass if it’s not safe to do so. In this article, New Jersey traffic ticket lawyer Dan T. Matrafajlo will explain to you what the law is, and what it can mean for you.

The law: N.J.S.A. 39:4-85

Traffic ticket Lawyer
“The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

“The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

“The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.”
 

Seamus

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why would I bet at fault. im in the right lane for a good 4 seconds. you can count it on the video.
I'm certainly not saying you were at fault. It could be just as you say. The video is unclear as it is obstructed by a tree so it doesn't clearly show the positions of the cars relative to the road. She could say you were making a right from the left lane.

Good luck, I hope it helps you.
 

DontGoToPaterson

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I'm certainly not saying you were at fault. It could be just as you say. The video is unclear as it is obstructed by a tree so it doesn't clearly show the positions of the cars relative to the road.

Good luck, I hope it helps you.
Thank you.
 

SinTaxERROR

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The OP turned into the right lane from the gas station. She too was in the right lane. He pulled out in front of her, and her car hit the OP.

My take on this is the OP turned out from the gas station onto the highway, and misjudged how fast the other car was traveling. She swerved to the right to avoid hitting the OP. She was not trying to pass him. It was probably the safer bet for her to swerve right and not left if there was another car to her left.

In my opinion the OP is clearly at fault. He cut out in front of her. He did not have enough time to get up to speed, and she tried to avoid hitting him by swerving to the right.

Watch the video closely. You will see exactly what I am seeing.

Sorry OP, you are screwed.
 
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