When turning left my husband was hit by an oncoming car that was speeding?

Question

My husband was involved in an accident when he was turning left at an intersection. When he approached the intersection there was a van facing the opposite direction turning left as well. When he began his turn there was no one in site. As he entered the intersection a car came speeding from behind the van to get around it. In turn that car hit him. The car was totaled and our super duty truck is possibly also totaled (possible bent frame). I say this to give an idea as to how hard the impact was. My husband still had his plow frame on the front of the truck and that was bent. When he was hit he was also pushed up onto the curb. Though the speed limit on that road is 40mph I believe the car was exceeding it because of the damage they caused to a super duty truck. The police obviously blamed my husband for failure to yield. What I want to know is shoudn't both parties be at fault for this? My husband for failure to yield and the other driver contributed by speeding?

Answer 1

I had the same exact thing happen to me. I got a failure to yeild even tho I think I didn't do anything wrong and the guy who was speeding got illegal lane change. I live in a "no fault state" where your own insurance pays for your damage. I didn't have insurance yet because I just bought the car and was on my way home with it. So I got nothing and it was so mangled there was no doubt it was totaled. Plus I ended up in the hospital. :(

Answer 2

As your husband was making a left turn, he was responsible for waiting until it was safe to make his turn.  He made it before it was safe, and therefore he was at fault for the accident.  The other car was at fault for speeding, but your husband was still responsible for waiting until it was safe to go.

I saw an accident just like this several months ago.  If either driver had been more careful, the accident wouldn't have happened, but the guy making the left turn is at fault.  Sorry.  I'm glad everyone is OK...that's the important part.

Answer 3

First off, you have to prove he was speeding, which you can't do. Second, it isn't the other guys fault your husband couldn't see him. Third, a 40 mph impact is pretty fast. Not to mention the fact that the plow is attached directly to the frame, and took the full force of the impact, it's no surprise the frame is damaged. Had he waited until the van turned to check for a clear path, then  you probably wouldn't have anything to post. Sucks, I know, but tell me you've never ever exceeded the speed limit

Answer 4

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This is unfortunately going to have to be a salutatory lesson to your husband to consider what  might happen and consider his options more carefully next time.

You wrote...."I believe the car was exceeding it (the speed limit)because of the damage....." Firstly, your perception does not take into account that your husband had not considered all possible potential threats, such as an overtaking and speeding car and unless you have a laser speed gun it is only your belief....

One good thing - your was not killed or hopefully injured. Just consider others' actions more from now on and this situation will not happen again.

I apologise if my answer is not what you want to hear, but it is the truth and borne from many years of instruction and experience.

Consider an advanced driving road course too...it'll be worth it!!!

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Answer 5

Your husband was charged properly for failing to yield.  Whether or not he saw the other car he pullrd out in front of it.  As for the other car speeding, there is no way to prove this.  The other driver undoubtedly claimed he was doing the speed limit and there is no way to prove otherwise.  The amount of damage does not prove a thing.  Sorry, but I think  these are the facts.