Visitor Question

Rear ended on driver’s side of my car…

Submitted By: Anonymous (Dallas, TX)

It was a bright evening. I was sitting at an intersection stop sign (facing south) of two lanes going west, a median area, and then two lanes going east. When traffic was cleared and gone, I proceeded my left turn (going east).

I nearly completed my turn, crossing the westward lanes…almost into the clear median area when I saw a car in the far left lane coming fast. The driver did not slow down or change lanes (as no other vehicles had approached the scene yet).

Quickly, I tried turning the wheel so that maybe she would miss my car. Instead of yielding, consequently, the driver’s car hit the back driver’s side of my car…which sent my daughter and I into a full 360 spin or two.

There were no witnesses, as traffic was clear. Police said that liability will be for the insurance companies to figure out…BUT the fact that I had the only stop sign around may make me look at fault. On the 27th of April it was 2 weeks since the accident, and there’s still no police report.

Neither I, nor the other driver have each other’s insurance information, although we are both insured. I only have liability coverage. She was the only individual in her car. Can you tell me your views on this scenario, and what will probably happen? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Determination of fault in car accidents may be established in several ways. They are:

  • Witness, driver and passenger statements
  • Police accident reports
  • By statute

In most cases, police accident reports have the most information. Police accident reports may have:

  • Notations by the investigating officers of traffic citations issued to one or both drivers
  • Witness contact information
  • Weather information
  • Road surface information
  • Driver and witness statements
  • A written diagram of the accident scene

Unfortunately, because there were no witnesses, and the investigating officer(s) arrived after the accident, you may be bound by Texas law. The Texas Transportation Code – Section 545.152 states in part:

“Vehicle Turning Left – To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.”

Firstly, you must report the accident to your insurance company, who should handle the claim. That’s why you pay your insurance premiums. If the driver’s insurance company requests compensation for their insured’s property damage and injuries (if any), your insurance will agree to pay or decline to pay.

Unfortunately, if they decline to pay, you may be sued by the other driver’s insurance company in a subrogation action, or by the driver herself.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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