Texas Trans. CODE 545.058, insurance question....

[GO_N_H.A.M]

okay, so i have a thread in the picture section, with a few pics of damage http://www.svtperformance.com/forums/pics-videos-buffet-149/836015-shelby-1-hyundai-elantra-0-a.html

My question is because im not quite sure i am liking what my claim representative is saying. As of right now its 50/50 as far as blame goes, he is fighting within the same insurance company for 25/75 with the less of the blame in my favor. My only thing is that i wasnt cited for anything and the other driver was and not only that but i was legally correct to make a right turn on the improved shoulder i was traveling on.

quick run down the of the accident......

im traveling east, 2 lanes of traffic stopped at the light with a space for the center lane to make a left turn. no one was coming, so i took the shoulder to make the right turn, accelerated from the far right lane closest to the shoulder, accelerated, at about 10 mph, i saw the front bumper of said hyundai, slammed on the breaks and at that point slid into the passenger fender.

the cop cited the other driver for the making an unsafe turn as she couldn't physically see all sides of the on coming lanes and that the drivers stopped at the opening waving her through wasnt enough to allow her to safely pass while i wasn't cited for anything and once given the police report card was told i was free to go.

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worse case scenario, can i fight the decision of "some" negligance on my part because i was driving on the shoulder as far as the insurance goes???

i was told from the insurance company, anything that is 49% responsiblity in texas does not count against you on your insurance or driver license, but the simple fact that im out of pocket, 150-250 bucks.

thanks

 

[svtcop]

You weren't decelerating in the improved shoulder to make a right turn.

You took the shoulder to skip waiting for traffic to progress forward.

I'm curious as to why she was crossing an intersection in front of traffic that was stopped at a light. Did she/was there a green turn arrow allowing her to proceed through the intersection?

Something doesn't seem right. Was traffic stopped on the other side of the intersection and the stopped traffic was just allowing her to proceed or was the light still red for the eastbound traffic?

 

[GO_N_H.A.M]

maybe i should of made it a little more clearer....

once i got on the shoulder, i accelerated but i wasnt near the turning point just yet and the center lane between east and west side lanes doesnt have a light. its a center lane for either side to make a left or right turn.

traffic on my side(east) was stopped due to a red light, they left a space for some one to enter the street, the driver and i where both trying to get on.

and as far as "skipping" traffic i was making a legal right turn, so yea, legally skipping

 

[svtcop]

maybe i should of made it a little more clearer....

once i got on the shoulder, i accelerated but i wasnt near the turning point just yet and the center lane between east and west side lanes doesnt have a light. its a center lane for either side to make a left or right turn.

traffic on my side(east) was stopped due to a red light, they left a space for some one to enter the street, the driver and i where both trying to get on.

and as far as "skipping" traffic i was making a legal right turn, so yea, legally skipping

So you're saying the road you and the other driver turned onto was not the intersection with the traffic light? The actual light was up ahead? (not shown) If so I see what you're saying.

You weren't driving on the shoulder in any manner described in the section you quoted. It does not simply state to make a right turn. Although you may have been making a legal turn you weren't within the guidelines of driving on the shoulder.

This may be where an insurance company is getting it's basis 50/50 fault from. I'm not trying to bust your balls, just playing devils advocate here.

 

[GO_N_H.A.M]

yea i here you and from the get go it did seem that way.... thanks though for your input

 

[codip426]

It sounds like you were the one who hit the other car, but because the other car didn't technically have right of way, you are getting the 50/50.

I would say you're getting off easy. No one "slides" into anything at 10mph.

 

[svtcop]

It sounds like you were the one who hit the other car, but because the other car didn't technically have right of way, you are getting the 50/50.

I would say you're getting off easy. No one "slides" into anything at 10mph.

I thought the same thing about the 10 mph slide, but the OP is a little sensitive to facts so I just refrained. :shrug:

 

[GO_N_H.A.M]

lol, it's not like that at all guys, trust me I thought the same thing and was like WTF when the car didn't just stop, witness(killeen fireman) stated I was only traveling 5-10 mph in the police report as well when be saw me pass by.

but yes I was the one who "t-boned" the hyundai

 

[Iceman II]

I'm a bit confused here?? It says your side had a red light, but says no light between east and west? It seems to me you had a red light and you must yield the right of way to the vehicle already in the intersection. Insurance is saying you should have seen the vehicle coming therefore the 50/50.

 

[svtcop]

I'm a bit confused here?? It says your side had a red light, but says no light between east and west? It seems to me you had a red light and you must yield the right of way to the vehicle already in the intersection. Insurance is saying you should have seen the vehicle coming therefore the 50/50.

That's what I was stuck on. I was trying to get him to explain the traffic situation and roads better but he didn't answer.

 

[gfcobra04]

It is the car making the left turn crossing traffic responsibility to make sure the coast is clear. The car making the left turn must yield the right of way to oncoming traffic. If there is an accident the car making the left turn failed to yield the right of way.
Gary.

 

[GO_N_H.A.M]

the light was 15 cars in front of me, the right turn(turn I was trying to make) was before the red light. I was about 6 cars before the right turn on the east bound side.... so about 9-10 cars before the red light. that's why I took the shoulder to make the right turn because I was traveling through the red light up ahead.

the center lane was a turning lane for the west bound lanes(x2) to make a left turn on the road I was making a right turn on.

2 lanes going east, a center lane then the 2 west bound lanes.

 

[hotcobra03]

the turn on red law...

to me thats for 2am in the morning when no one is in sight...i hate it when people think they can turn on red and jump in traffic...

im suprised you didnt get a ticket for it....than being in shoulder....goodluck

 

[GO_N_H.A.M]

i get that part hot cobra but the law doesnt state when it applies(time of day).

G4cobra, pretty much said what the officer stated that day, if you can't visually see the on coming traffic, no matter how much the cars wave you through.... just wave back until the light is green and the cars aren't blocking your view.

and as far on my part, it doesnt say when or where the shoulder could be used to make a turn. I do have an appointment with the JAG office to ask for the army's finest legal team input.