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Center Lane Car Accident

This is an answer to a question submitted here in our http://www.auto-insurance-claim-advice.com/left-turn-liability-question.html.

We had to change our file name to center lane car accident due to the complexity of the question and that file was already created. 

You wrote: Two southbound lanes and 2 northbound lanes are separated by a center turn lane. Car (A) is southbound in the furthest lane from the center turn lane.

Car (B) is northbound stopped in the center turn lane waiting for traffic to clear before turning left.  We tried to diagram so we make sure we understand what is going on. See picture below.

The first SB lane closest to the center turn lane is at a stop due to a polite driver not blocking a car wash entrance due to traffic further. He does the polite thing not to block the driveway to the car wash. 

After waiting for the second lane to clear car B proceeds across both lanes making a left at the speed of 5 to 10 mph.

We represented that in the picture above. The “blue or car B” vehicle is making a left turn in front of the vehicles that had left a gap so “blue or B” can accesses the car wash.

Car (A) comes from another lane and hits car (B)? Again, we saw that in the picture above. Car (A) comes from another lane and hits car (B)? Car (A) states she was never made a lane change and that car (B) turned 25' in front of her and that she was traveling at the rate of 27mph and didn't have time to stop.

Couple of things here: 1. What was the speed limit? If the speed limit is less than 30MPH then there would not be any negligence because of speed on vehicle (A) or green.

A vehicle pulling out of a left turning lane would not give a reasonable driver enough time to stop, especially if traffic was blocking the view, this could be successfully argue in a case similar to this. 2. We are puzzled by the statement of (A) not changing lanes.

We believe that even if she changed lanes, there would not violation of traffic laws in most states.

Changing lanes is allowed if there is not a yellow solid line between the two lanes. Again, even if she changed lanes, we do not see enough to put negligence, unless the local traffic laws forbid that (but most states don’t).

A center lane car accident can be very difficult to determine generally.

A witness support that car (B) was cautiously creeping through both lanes after waiting for traffic to clear when from out of no where car (A) strikes car (B) and that she was going way too fast for the traffic conditions.

We are also puzzled by the witness statement.

Car (B) could not be possibly make a left turn like that cautiously.

If there is a vehicle in front waiving the traffic in (the polite driver), there could not be visibility to make a left turn into a drive way (the car wash) safely, even if the driver is “creeping” at a very slow rate, it was the duty of that driver to make sure that no other vehicle was on the road before attempting that maneuver.

Most states place the greater duty on vehicles making a left turn.

We are unsure about the statement too fast for conditions. Was it raining? Or was it snowing? If it was not raining or snowing and the speed limit was under 30 MPH, then car (B) or Green would be going below the speed limit and would arguably had time to stop on time unless there is undisputed evidence that she was going at excessive rate of speed.

The vehicle green vehicle was in its lane of travel and had the right of way. Again, most states places the greater duty on the vehicle making a left turn.

She is further a new driver illegally driving on a provisional license with passengers under the age of 18.She is driving her friends parents car who is out of state on vacation.  

She would probably be cited. However, the fact that she does not have a driver license does not necessarily conclude that she is at fault. The case falls apart on the issue of causation.

Click here to read more about causation. The idea is that the accident would have still happened even if she had a driver license. The issue about the parents out of the state will be an independent issue to be addressed by their insurance company and the underwriting department.                    

Who is at fault? 

We are not sure because we do not know exactly what the statutes of that state plus that Specific County or city.

However, in a general analysis the blue vehicle would be the blue vehicle majority at fault (80% to 100%) due to the fact that they were making an unsafe left as outlined above. Again, laws about a center lane car accident and left turns change in every jurisdiction.

Which car would be the striking vehicle? We do not understand this question. They both collided.

Where would the damage be to each vehicle? The vehicles need to be inspected to determine this.

Disclaimer: Our answer titled "center lane car accident cannot be used as legal advice. This information is a general and WILL NOT HOLD UP in a court of law. For further analysis, consult with an attorney.

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