Who do you think is at fault if it crashes?

Posted by Chizuru_San@reddit | driving | View on Reddit | 9 comments

Diagram:

There are cars that have been lining up in the lane waiting for the red light (blue rectangle). I was trying to make a left turn from a side road (red arrow) when a car (green arrow) overtook the cars waiting at the traffic light and drove into the yellow shaded area to access the left turn lane. It almost caused an accident since we were unable to see each other due to the view being blocked by the cars waiting for the traffic light.

I don’t know who would be at fault if there were a crash. I am supposed to make sure it is safe to turn from a side road to a main road, but the driver is also not supposed to drive into the yellow shaded area to access the left turn lane.

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b15cowboy@reddit

The car that stop and let the other car exit the parking lot should be.

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BogBabe@reddit

You would be at fault. When you're making a turn across traffic like that, you must wait until you can clearly see that it is safe from both directions. Even if there were no painted median there and your left turn was legal to make, you still must wait until you can clearly see that it is safe from both directions.

If you can't see that it's safe, you should assume that it's not safe: There's a motorcycle proceeding along the left side of the line of cars, or a bicyclist, or a runaway truck that lost its brakes, or just some impatient idiot who decides to pull out and pass the line of cars illegally. Never assume that it's safe; if you can't see that it's safe, assume that it's not.

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whereverYouGoThereUR@reddit

Never make a turn when you can't see crossing traffic. Although other drivers do this all the time, it doesn't make it safe. Don't copy stupid. Sometimes, you just can't make a turn you want to do and you have to either wait until you can see properly, or make a safe turn that you can make, such as a right turn and then just go around the block.

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cjgeist@reddit

I think you would be considered at fault in a crash, as it's your responsibility to make the turn safely. They shouldn't have done that, but you might want to check your local laws to see if turning left across that marking is also illegal. It would be where I live.

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Chizuru_San@reddit (OP)

Thanks, I would like to look up some laws. Do you know what that marking is officially called?

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Alpine_Nomad@reddit

The law that covers this is New Jersey Statutes Title 39. Motor Vehicles and Traffic Regulation 39 § 4-82.1 (emphasis added on the relevant section):

Whenever any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed so as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an appropriate opening in such physical barrier or dividing section or space or at a cross over or intersection established by public authority.

So no one should be driving in that space. Another name for that is a "flush median" because it is flush with the surface of the road as opposed to raised.

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Chizuru_San@reddit (OP)

Thanks. It’s cool that you brought that up for me. I was trying to search for it but couldn’t find the exact law lol

What do you think about for the photo below, there is another scenario:

If I am driving towards a left turn lane (a red arrow) and another person behind me hogs the painted median and speeds up to reach the left turn lane, am I not at fault if a crash occurs, even if I'm 'cutting him off,' since he was already on the painted median?

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cjgeist@reddit

Painted median maybe

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blakeh95@reddit

You would be.

The same way that the yellow shaded area prohibits them, it also prohibits you from turning left.

This is not true for a single double yellow line, which just indicated no passing. But a double set of double yellow lines is to be treated the same as a median. So this would be as if you drove through the grass to turn left.