FFG
01-19-2006, 07:37 PM
I will give you details of the accident first and then my questions after.
Last week I was travelling "north" on a 4 lane road( 2 lanes heading south). I was in the left lane and about to merge into the left turning lane. Part of my car was on the shoulder when I was merging over, however I had not completely finished my merge when a guy making a left hit me. He was coming from the shopping center to the right of me and was attempting to make a left from a stop sign at the burger king to go "south". I was pushed all the way onto the shoulder when hit, my car did the auto shut off and I rolled up a little and to the left, putting me in the shoulder halfway and in the turning lane half way. I called the police and when they came I gave my info. The cop then told me ( with no prior discussion) to go to the boston market parking lot across the street. So I did no questions asked. He talked to the guy who hit me for about 15 minutes, then came over to me, gave me my information back(without giving me the other drivers insurance information). He then said that he was finding us both at fault, and left. Today( exactly one week later) I got a ticket in the mail stating I was at fault for the accident.
My questions are....
In PA isnt the person making the left responsable for making sure the roadway is clear?
Even if I was partly on the shoulder before the tuning lane isnt he still responsable for making sure the roadway is clear for his left turn?
By the positioning of my car at the time of impact... if I were truly in the shoulder I would have been pushed into oncoming traffic when he hit me. I was not, I had not even fully completed the merge. So how can I be sited for "at fault"?
Why didnt the cop give me the other drivers information, and why didnt the cop ask me "what happened" when he came back to give me my information back?
Why didnt the cop issue me a tricket right then and there?
Obviously this is going to end up in court, but I wanted to get some outside opinions.
Also.. if you look at the pictures, you can see the front fender is completely untouched. So it is clear that my car was beyond the point of stopping, to avoid being hit, and he was facing right at me and easily could have stopped if he was paying attention.
Last week I was travelling "north" on a 4 lane road( 2 lanes heading south). I was in the left lane and about to merge into the left turning lane. Part of my car was on the shoulder when I was merging over, however I had not completely finished my merge when a guy making a left hit me. He was coming from the shopping center to the right of me and was attempting to make a left from a stop sign at the burger king to go "south". I was pushed all the way onto the shoulder when hit, my car did the auto shut off and I rolled up a little and to the left, putting me in the shoulder halfway and in the turning lane half way. I called the police and when they came I gave my info. The cop then told me ( with no prior discussion) to go to the boston market parking lot across the street. So I did no questions asked. He talked to the guy who hit me for about 15 minutes, then came over to me, gave me my information back(without giving me the other drivers insurance information). He then said that he was finding us both at fault, and left. Today( exactly one week later) I got a ticket in the mail stating I was at fault for the accident.
My questions are....
In PA isnt the person making the left responsable for making sure the roadway is clear?
Even if I was partly on the shoulder before the tuning lane isnt he still responsable for making sure the roadway is clear for his left turn?
By the positioning of my car at the time of impact... if I were truly in the shoulder I would have been pushed into oncoming traffic when he hit me. I was not, I had not even fully completed the merge. So how can I be sited for "at fault"?
Why didnt the cop give me the other drivers information, and why didnt the cop ask me "what happened" when he came back to give me my information back?
Why didnt the cop issue me a tricket right then and there?
Obviously this is going to end up in court, but I wanted to get some outside opinions.
Also.. if you look at the pictures, you can see the front fender is completely untouched. So it is clear that my car was beyond the point of stopping, to avoid being hit, and he was facing right at me and easily could have stopped if he was paying attention.