You weren't there. After the first witness ran over and repeated he saw the the entire thing: she hit you, she was speeding, you stopped, this guy came minutes later acting like he witnessed the entire thing. She called 5 of her friends and all of them were screaming. One girl told him him to fight me and he said he was going to beat my ass. I told him this doesn't involve you and that it was between me and the other driver. I wanted to keep my cool, but at the same time I'm not going to let someone punk me and think they can attack me. He was being aggressive so I let him know I was ready to throw down. That works if you're a tall, in-shape male. I wanted to defuse the situation, but I also wanted to let this punk know I'm not scared of him, his tats, his bulky stature or any of that. I got closer to him and pulled out the bottom of my shirt to let him know it's coming off (never wear a shirt in a fight because the opponent can grab it, so you can't move anywhere). That was the last I saw of him. There wasn't a stop sign. I have to yield, I did. It was clear from my side. She had to yield too. There is a wall blocking off the entire far left side. I checked and it was clear. By the time I started crossing she was too close because of her speed. I couldn't do anything but stop and hope she stopped too or went around. My quick reaction time (1 second) gave her a 3 second reaction time and a safe stopping gap. I don't think anyone can prove someone was speeding. That's where I am screwed. I was going 25-30 and she was going 40.
Let me make things clear. I could see up to 20 feet on the left side which is plenty of space to clear (as long as someone is driving 35). After that I can't see anything because of the wall. There is a gap and another 5 foot wall closer to my side which obstructed her view of me when she got closer. If I sped up the accident would have been much worse. It looked like she had her phone in her hand the entire time as she was exiting the parking lot. Yeah, I will talk to the insurance company and see what happens. I'm ready to pay for the damages either way. Damn, first accident in 9 years.
20 feet of visibility looks accurate based on google earth street view that actually goes into the parking lot. If she was going 10 mph, she has a total stopping distance of 27 feet.
No, she did not have to yield. She has a straight shot. Because of the fact that you had to turn to continue left, right, or even slightly right (not a straight shot), you had to slow down but did not. Whether you were speeding or she was speeding, it doesn't change what you have to do when you get to that intersection.
It's fine. I looked was clear and it wasn't. There should be a stop sign there, and she did have plenty of time to stop. If it was male driver I would have been okay. Don't drive when you're sick, and if your girl is singing badly in the car don't be afraid to tell her she's bad. Screw Starbucks happy hour.
i believe in texas there's no such thing as "right of way." if you could have avoided the collision, regardless of who is truly at fault, you are considered in the wrong.
I think your speed estimates are too high. 40mph is really fast for that strip. Hell, it would be fast in an empty lot. I don't see how she picked up that much speed in that space. Do you know where she was coming from? You could try asking those stores in the front for their security video and estimate her speed.
They should drive, but males know how to avoid accidents. One time on the 45 an older woman started changing into my lane and she would have completely damaged more than half of my car, but I avoided it by simultaneously going into the other lane (with an 18 wheeler already in that lane who slowed down for me) and honking to let her know she's about to hit me. She had a nice car too. On my way to UH a student in a Benz almost hit me, but I went into the feeder lane to avoid it while honking. I was sure he was gonna hit me because I could not go anymore otherwise I would have hit the wall and I was like fuuuuuuuuuuck, but he went back into his lane. Another time an 18 wheeler randomly started changing into my lane (I was in his blind spot), but I easily avoided that by honking and changing lanes. I saw his face of relief and I nodded my head to let him know it's cool. They spend a lot of time on the road and they don't get much sleep. Maybe it's just me.
girl had right of way. doesnt matter how fast she was going. she was on the main route, you were on the side route. the witness doesn't do anything except establish that yes, you turned into a main route and caused the accident. Can't use the wall as an excuse, should have treated it the same way you do at a stop sign where there's a huge truck blocking your line of sight.
It's a long strip. She could have avoided the accident. I easily would have. I stopped in 1 second and she didn't stop in 3. At least try to turn away, but she was making a right turn (she went home that way). Oh, and I messed up that pic. The accident happened closer to my side and further to the right of my lane. Exactly where the red circle and black line meet.
Sorry but I think she has the right of way since that cross traffic is next to the feeder road exiting the complex. This is how I see other complexes also. There should be a stop sign where you were on that intersection. It would be silly for her to stop considering how close the intersection is to feeder road and incoming traffic can not stop.
I can see cars entering the parking lot on my right without a problem. I will update this later if her insurance pays for it. I returned them. They not fightin' shoes.
These cars CRASH at 40mph. <object width="420" height="315"><param name="movie" value="http://www.youtube.com/v/zk5cp93zefk?version=3&hl=en_US"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/zk5cp93zefk?version=3&hl=en_US" type="application/x-shockwave-flash" width="420" height="315" allowscriptaccess="always" allowfullscreen="true"></embed></object> This bike is going 40mph. <object width="420" height="315"><param name="movie" value="http://www.youtube.com/v/hb2Cfhd3aXs?version=3&hl=en_US&start=330"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/hb2Cfhd3aXs?version=3&hl=en_US&start=330" type="application/x-shockwave-flash" width="420" height="315" allowscriptaccess="always" allowfullscreen="true"></embed></object> Are you sure about that?
Let your insurance handle it. Call them, tell them what happened, and give them the contact information for the witness. If they are doing their jobs, they will get you taken care of ASAP, and get themselves reimbursed by the other insurance company.
How is that? Doing their jobs won't change the facts of the accident. One insurance company can't make another agree with their liability assessment. Best hope for the OP, IMPO, is a ruling of comparative negligence by his own carrier. I don't see how the other carrier would agree to pay for his damage even if the witness did say the other party was speeding (i.e. that would be an opinion by the witness). Also, saying someone "could have avoided the accident" is highly subjective and in most cases, won't stand up against negligence.
