Met with a Small Accident.

[Sonakshi]

According to this recent description of yours,if he had already started reversing and was in the lane (though not completely) how come you did not notice him.
If you still didn't notice, I have to say its your fault.

This is what he claims. I did not see him so I can't say. There was some distance between the parking and the road. Since he had reversed quite far out of the parking when I hit him I assume he was reversing before I turned in but he didn't check the 2nd lane (I had my turn signal on). It may very well be my fault and I am willing to accept if it is however I feel that the car coming out from a parking onto the road does not have the right of way.

According to me and this is what witnesses claimed, he was reversing out of the parking while steering before I entered in the lane. I began to turn into the lane moments before he stopped reversing. The moment I looked forwards on entering the lane I saw his car with the reverse lights on but stopped. The reverse lights went off and he moved just slightly perhaps forwards while turning the other way to enter the lane. (The front end of his car was still in the parking area). Just as this happened, I hit him at the back corner and his car then hit another parked car. Note: He was reversing fast into the lane simultaneously as I was turning in and before I turned in might have been reversing withing the parking zone.

I know it sounds complicated. I tried to make an image of the situation on collision the angles may not be completely accurate. The 3rd driver agrees that the car coming out of the parking is at fault and she says he could have easily stopped reversing or re-entered the parking. Since I was already on the road I should have more priority on entering the lane than a parked car.

He reversed the majority of distance probably when I was checking on my distance with the cars behind in the same lane.

 

[Tornado]

. (Although people from developed countries would disagree and say that driving without following the rules as many do in India is due to a lack of driving skills and to be skilled is to follow the rules) .

Any opinions on fault. I think its better to go with insurance anyway. I was completely in the lane before impact and had entered the lane maybe 5 seconds before the collision.

Well, in your previous thread, I had advised you to rejoin a proper and well equipped driving school with teaching aids , joining a meditation centre etc. however my posts were deleted by mods citing a reason that they were OT.
Anyways if you believe and agree with developed world who thinks that following rules is important then please lodge a police complaint & go through court proceedings, justice would be done.
By rule, in India, it is court's prerogative to decide who is faulty.

 

[naveenkumarverma]

I am understood it correctly & If you just moved into the lane he was reversing in, then I am afraid to say that It looks your fault. He was reversing and taking out his car after knowing that no one is coming in his lane but then you changed your lane and banged him :|

 

[Sonakshi]

Well, in your previous thread, I had advised you to rejoin a proper and well equipped driving school with teaching aids , joining a meditation centre etc. however my posts were deleted by mods citing a reason that they were OT.
Anyways if you believe and agree with developed world who thinks that following rules is important then please lodge a police complaint & go through court proceedings, justice would be done.
By rule, in India, it is court's prerogative to decide who is faulty.

Thanks, I get what you mean but this is just a small thing and I do know how to drive and I am being careful.

I am understood it correctly & If you just moved into the lane he was reversing in, then I am afraid to say that It looks your fault. He was reversing and taking out his car after knowing that no one is coming in his lane but then you changed your lane and banged him :|

He came out of a parking to the lane and I came from another lane on the same road. Had he looked he would have seen that I had my turn signal. I am not sure about this but I think the first right of way would be for the person already on the road and not the one in a parking? But I am not sure and I may well be at fault.

When I hit him he had just started moving forwards to align with the road and had just finished reversing as I was turning into the lane. I turned into the lane behind him and crashed in the back of his car and not the side.

Me and the stationary driver want to pressure him to pay if he doesn't we will go with insurance. Out of 3 drivers 2 agree that its his fault. This of course does not mean anything and many witnesses said I'm at fault but some said I wasn't too. I appreciate the opinions. He could have avoided me by not reversing out so quickly and noting my turn signal when he saw me. He just appeared in front so quickly I was stunned and didn't even get the time to push the brake pedal completely. I twisted my ankle slightly trying to brake so quickly in fact.

 

[naveenkumarverma]

I appreciate your openness to appreciate even negative opinions :P

Actually just put your self into his shoes, He has seen that, the lane in which he is about to move in is safe, He might have seen you but will never expect that you to move into his lane.
You will get a right to way only when you're already in the lane where he was moving in.

If he has reversed out very quickly than both of you are in fault, as both moved in the same lane and no one has right of way.... :)

 

[Sonakshi]

I appreciate your openness to appreciate even negative opinions :P

Actually just put your self into his shoes, He has seen that, the lane in which he is about to move in is safe, He might have seen you but will never expect that you to move into his lane.
You will get a right to way only when you're already in the lane where he was moving in.

If he has reversed out very quickly than both of you are in fault, as both moved in the same lane and no one has right of way.... :)

Accidents happen, I don't mind admitting fault and I've been at fault in a couple of accidents.

I didn't see him before turning in. Then I started looking backwards to check if there was traffic in the lane and began turning in. It was only then that I noticed him when I looked in front in the lane and he had just finished reversing. The collision positions were as in the picture I showed. It was so quick I even failed to reduce the speed a little bit because my foot slipped from the pedal and the impact shook it off.

As for me if I saw a car with a turn signal in the other lane I'd avoid reversing and wait for it to pass. It would be easy for him to see me in the mirror.

I did not see him reverse but he probably came out during the same time when I was checking if the lane was free. Witnesses claim that he reversed just before I turned in, when I turned in he stopped and moved slightly forward while turning to straighten his car and then I hit him. This seems to be correct to me.

The driver claims he had seen my car and I only signaled at the last moment just as I was turning in. This is not true as I had my blinkers on right before I made the turn.

 

[tai_newbie]

If the other car reversing is in the position of the white car in your picture, he is almost 90% in the lane. It will be a split liability. He is less liable than you as he is almost in the lane.

 

[Sonakshi]

If the other car reversing is in the position of the white car in your picture, he is almost 90% in the lane. It will be a split liability. He is less liable than you as he is almost in the lane.

Yes and I am the red car in the picture. However I was fully in the lane at the time of impact (100%).

Are you sure about this percentage thing, I've never heard of 90% liability. Its usually 0%, rarely 50% or 100%.

He reversed before the collision and just proceeded forwards to straighten his vehicle when I hit him. My car was also not completely straight and I was still turning when I hit him, however I was in the lane.

In the first post I mentioned he was reversing, but I meant he reversed, stopped and just started to move forwards while turning.


So at collision instant, I was in the lane but turning to straighten my car while moving forward, he was partially in parking and partially on the road and just started moving forward while turning (turning to a greater angle than me).

After the collision I was in the lane 100% though not completely parallel with it and he was partially in the lane and crashed in front in a parked car and partially in the lane.




After the collision when all cars came to a stop, my car was in the lane but not completely parallel to it. His car was partially in the lane with the front end crashed into a parked car. My car and his car did move forward due to the collision.

The positions shown in image are after coming to a stop after the collision. So his car and my car were a bit more backwards probably before the collision.

 

[parth1231]

A lot of people suggested to take it to court,however I am curious as how these things can be proved unless we have the pictures of accident scene.

Like we are having a discussion here,the Guy with white car will have his justifications too. How are decisions made in such cases?

 

[Sonakshi]

If the other car reversing is in the position of the white car in your picture, he is almost 90% in the lane. It will be a split liability. He is less liable than you as he is almost in the lane.

A lot of people suggested to take it to court,however I am curious as how these things can be proved unless we have the pictures of accident scene.

Like we are having a discussion here,the Guy with white car will have his justifications too. How are decisions made in such cases?

No one disagrees about the positions of the cars and everyone seems to be telling the truth. The other guy does agree with my version of the story.

I might have to take it to court. There are witness accounts too. Court may take ages though here.

The only disagreement is he says I signaled late which I don't agree with. He claims to have not seen me turn in but seen me before I changed lanes without a turn signal.

I hit him while turning into the lane at the back corner of his car when he was turning forwards at a low speed. When we stopped my car was in the lane with the back corner just on the center of the road division in a turned position as in the diagram.

I'm really not sure about the fault in this accident since its both of us entering the lane but I do feel since I was already on the road I may have priority but he may feel since he started reversing first he has priority. Generally I think the person who could have avoided it should be at fault perhaps and I didn't see his car before turning in as I was checking the back of the car for traffic. But he could probably see me while reversing and according to the driver who was parked, had he come slowly and looked he could avoid me and have gone back in the parking.

Out of 3 drivers involved 2 agree its his fault so it seems in my favor.

 

[furious_driver]

^^ Taking to court is not a good idea. And try to solve it by mutual agreement. You do it, instead of a lawyer come and convince you to do so.

 

[Sonakshi]

^^ Taking to court is not a good idea. And try to solve it by mutual agreement. You do it, instead of a lawyer come and convince you to do so.

I am trying the mutual agreement. Hard to come up with an agreement though.

 

[furious_driver]

^^ Let's try to put the point, that he is at fault and try to get the other eye witness.

 

[Sonakshi]

^^ Taking to court is not a good idea. And try to solve it by mutual agreement. You do it, instead of a lawyer come and convince you to do so.

^^ Let's try to put the point, that he is at fault and try to get the other eye witness.

I can easily do that but the 3rd driver parked said she did not see me turn in from the other lane but saw me just as I hit him.

There is one witness behind us who I know and is my colleague he saw the entire thing. The problem is he thinks its my fault.

I can't contact the pedestrians and others who I don't know who saw the incident and many of them were saying its my fault however there were some who said its his fault as well. So its quite a mixed opinion thing. If anyone is or knows a cop, advice would be helpful.

If its my fault I have to accept that though but I feel it isn't as he wasn't there before I turned then I turned while looking at the back for traffic behind me and saw him in front only after I while I was turning in the lane the moment I stopped looking at the back. So he must have done most of his reversing right before I turned and while I was turning when I was checking traffic behind me. And all witnesses confirm this. He did enter the lane partially and came in before but I believe I had the right of way and not him as I was already on the road and when we got down after the collision my car was the only one completely on the road.

 

[jayesh]

sonakshi,

The best way is mutual understanding try a third person who can do the talking on your behalf , as far as I know going to the court if not worth it, its lengthy , time consuming and most of all witnesses , you never know who will step back.

Best thing is come to some sort of settlement and close this chapter once and for ever.