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Texas: Making a Right Turn | Accident, who is at fault?

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  • Texas: Making a Right Turn | Accident, who is at fault?

    I have a question for Texas LEO's familiar with traffic. I can't seem to find the statutes in the Transportation Code for this particular situation. Here's a picture of what happened:

    http://i.imgur.com/1opOv2J.jpg

    Unit 2 will be designated as the Black line, and Unit 1 will the Red line.

    Unit 1 was traveling East in the turning center lane at 1234 W. Road. Unit 2 was traveling West passing vehicles on the Right Shoulder at 1234 W. Road. Unit 1 turned left into the Private Drive. Unit 2's front distributor struck Unit 1's right back quarter.

    What violations did either of the vehicles commit, and who is response in this accident? What is Right Shoulder, and what are the rules for that?

    And, no, this isn't homework, I just can't seem to find the statute for this situation in the TC. Any help is appreciated!

    Thanks!

  • #2
    I would consult Transportation Code, Chapter 7, Sec 545.058 and Sec 545.152. Without having more information available, can't answer better than that.

    Comment


    • #3
      Well based on the information you presented, Unit 1 "failed to yield right-of-way" (or left turn when unsafe) and Unit 2 was in violation of driving and passing on the shoulder. Both were at fault. IMHO.

      By the way... what's a "front distributor"?
      Last edited by chapwolfe; 11-21-2014, 07:27 PM.
      Officer Jay McGuire, Minneapolis Park Police EOW 5/14/2009 age 11
      Among Texas' finest
      Deputy Andy Taylor, Llano County SO EOW 5/9/2005
      Senior Deputy Jessica Laura Hollis, Travis County SO EOW 9/18/2014
      Darren H. Goforth, Harris County SO EOW 8/28/2015

      Comment


      • #4
        Homework?...
        Now go home and get your shine box!

        Comment


        • #5
          The 1200 block of W. Road is a 4 lane bi-directional asphalt roadway with a left turn lane in the middle-separating east and west bound lanes. Unit 1 was traveling east in the center turning lane at the 1200 block of W. Road. At or about the same time, Unit 2 was traveling west at the 1200 block of W. Road in the right improved shoulder illegally passing traffic in the right lane. Unit 1 failed to yield right of way to Unit 2 in an attempt to turn left into the private drive, located at 1234 W. Road(Joe Joe's Pizza Joint). Unit 2's entire front bumper area struck Unit 1's right back quarter area, causing moderate damage to both units. Both units came to rest at or near the point of impact.

          I would cite both drivers. One for failing to yrow-turning into private drive and the other one for passing on right shoulder.

          For unit 1: Sec. 545.057 PASSING TO THE RIGHT or 545.058 DRIVING ON IMPROVED SHOULDER
          For unit 2: Sec. 545.103. SAFELY TURNING
          Last edited by ftttu; 11-21-2014, 09:37 PM.

          Comment


          • #6
            Originally posted by CCCSD View Post
            Homework?...
            None whatsoever. Heh, I think I even mentioned that in the OP.

            As for all the officers, thanks!

            Comment


            • #7
              Originally posted by chapwolfe View Post
              Well based on the information you presented, Unit 1 "failed to yield right-of-way" (or left turn when unsafe) and Unit 2 was in violation of driving and passing on the shoulder. Both were at fault. IMHO.

              By the way... what's a "front distributor"?
              For what it's worth, that's how it would read in Ohio.

              Comment


              • #8
                Driving on the shoulder can be done. That being said, was a car turning or stopped in front of westbound driver, causing him to drive on shoulder? If so per 545.058 he did not break a law. Thus the left turning car is still at fault

                The eastbound car has to wait for any or incoming traffic to clear to make a turn.
                Last edited by wutzcrack3n; 11-24-2014, 05:20 AM.
                sigpic

                "When a police officer is killed, it's not an agency that loses an officer, it's an entire nation." -Chris Cosgriff, ODMP Founder

                http://www.odmp.org/

                Comment


                • #9
                  Were both westbound lanes of traffic stopped to allow the driver to attempt the turn? Under some circumstances, it would change the outcome of fault.
                  sigpic

                  "When a police officer is killed, it's not an agency that loses an officer, it's an entire nation." -Chris Cosgriff, ODMP Founder

                  http://www.odmp.org/

                  Comment


                  • #10
                    Originally posted by wutzcrack3n View Post
                    Were both westbound lanes of traffic stopped to allow the driver to attempt the turn? Under some circumstances, it would change the outcome of fault.

                    I've come to a conclusion, wutzcrack3n. If the right rear quarter panel was struck I would say that Unit #1 was well within the intersection prior to Unit #2 reaching the intersection. If Unit #2 was decelerating it would be unlikely that they would strike the rear quarter panel of Unit #1. I would say fault lies with Unit #2 based on that information.

                    Thanks for everyone's help.

                    Comment


                    • #11
                      "Unit 1 was traveling East in the turning center lane at 1234 W. Road. Unit 2 was traveling West passing vehicles on the Right Shoulder at 1234 W. Road. Unit 1 turned left into the Private Drive. Unit 2's front distributor struck Unit 1's right back quarter. "


                      Simran, I'd have to put veh #1 at fault. In other words "you are the one at fault". It does not matter where veh #2 struck veh #1. Veh # 1 negotiated an unsafe left turn (PCF), failing to clear all on coming traffic CA vehicle code section 22100 (b) cvc.

                      It's the same argument that "the oncoming car was speeding". The vehicle negotiating the left turn is still at fault.

                      Comment


                      • #12
                        Originally posted by 2wheeldep View Post
                        "Unit 1 was traveling East in the turning center lane at 1234 W. Road. Unit 2 was traveling West passing vehicles on the Right Shoulder at 1234 W. Road. Unit 1 turned left into the Private Drive. Unit 2's front distributor struck Unit 1's right back quarter. "


                        Simran, I'd have to put veh #1 at fault. In other words "you are the one at fault". It does not matter where veh #2 struck veh #1. Veh # 1 negotiated an unsafe left turn (PCF), failing to clear all on coming traffic CA vehicle code section 22100 (b) cvc.

                        It's the same argument that "the oncoming car was speeding". The vehicle negotiating the left turn is still at fault.
                        Thanks for your input, man! Really appreciated!

                        Comment


                        • #13
                          I know this is a little late, but just looking at the arrows on the picture, I would put the one making the left turn, as failed to yield right of way turning left, for the contributing factor. Something I personally do, if there is a crash where the "at fault" is in question, I will put a contributing, or possible contributing factor down on the crash report for both units. I also explain to people that judges, juries, and insurance companies will ultimately determine fault, and that I look for a violation of the Transportation Code that contributed to the crash. The vehicle turning left had to yield the right of way to the on-coming traffic. While driving on the shoulder, or passing on the shoulder are not lawful, certain movements pertaining to an improved shoulder are. I think it was mentioned already, but I would look up improved shoulder as to what movements can be made. Anyways, just my two cents worth.......

                          Comment


                          • #14
                            Just curious..., the heading for this post says, "Texas: Making a Right Turn | Accident, who is at fault?" It wasn't mentioned, but by looking at the heading and picture, was Unit #2 using the improved shoulder as a turn lane, preparing to turn right?

                            Comment

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