# Who is at fault?



## Guest (Apr 19, 2008)

Last night my wife was turning left into a parking lot. She was on a two lane road. There was a car approaching her from the opposite directio turning left into the adjacent parking lot.

The driver of the approaching car gestured for my wife to turn which she did. A third car passed the other car on the right and collided with the passenger side of my wife's car.

Not sure what to make of it! My brother is a police officer in NH and is not familiar with Mass driving laws.

Any advice is greatly appreciated!

Keep up the great work you all do!


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## Guest (Apr 19, 2008)

When you say "two lane road", is it two lanes in each direction, or two lanes overall (one in each direction)?


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## phuzz01 (May 1, 2002)

Unregistered said:


> The driver of the approaching car gestured for my wife to turn which she did. A third car passed the other car on the right and collided with the passenger side of my wife's car.


From the few details that we have, it sounds to me like your wife failed to yield to oncoming traffic before making a left turn. Even though the other guy turning left waved her on, she still has to yield to all other vehicles that are coming the other way.


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## Guest (Apr 19, 2008)

*RE: Who is at Fault*

Sorry for making a new thread but for some reason I keep getting an error message when I try to post a reply.

Answer to first reply, it was a two lane road one in each direction.

With regard to the second reply, isn't there some level of responsibility when you pass on the right that you only do so when there is no obstruction? (ie. another car? see below

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 2. Passing vehicle traveling in same direction

Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn, (b) upon a one-way street, or (c) upon any roadway on which traffic is restricted to one direction of movement.


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## soup (Nov 1, 2006)

phuzz01 said:


> From the few details that we have, it sounds to me like your wife failed to yield to oncoming traffic before making a left turn. Even though the other guy turning left waved her on, she still has to yield to all other vehicles that are coming the other way.


Absolutely, Your wife crossed into the opposite travel lane. Failure to yield right of way to oncoming traffic. Sorry.


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## CJIS (Mar 12, 2005)

This is the only way I know of that would make the driver of the passing vehicle at fault. And even then it may be hard to work it in your favor.

1. The passing vehicle passed when there was a Marked Shoulder
2. Did not use signal. 

The signal part is the key factor.


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## phuzz01 (May 1, 2002)

*Re: Who is at Fault*



Unregistered said:


> With regard to the second reply, isn't there some level of responsibility when you pass on the right that you only do so when there is no obstruction?


There are often times several contributing factors in a collision. They can include road conditions, visibility and unexpected operation of other vehicles. But the PRIMARY contributing factor in the collision would be her failure to yield to oncoming traffic as required. Sorry, but from what you posted, she is probably at fault.

When you originally posted the question, I was cautiously hopeful that you were looking for the answer to a question. It now appears, though, that you were actually looking for people to just tell you what you wanted to hear. That's fine, and we get that all the time. But next time, make it easy for us and just come right out and say that you don't want our professional opinions, you want us to blow smoke up your butt. Also, feel free to tell me that I give law enforcement a bad name and am the reason that people do not like the police.


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## 94c (Oct 21, 2005)

npd_323 said:


> This is the only way I know of that would make the driver of the passing vehicle at fault. And even then it may be hard to work it in your favor.
> 
> 1. The passing vehicle passed when there was a Marked Shoulder
> 2. Did not use signal.
> ...


Absolutey. The bottom line is that his wife confided in a citizen to let her cross traffic. Much like a flagman.


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## Future Cop (Jan 30, 2005)

Nice one 94c!!!


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## Chree (Mar 14, 2005)

Correct me if I am wrong, but isn't passing on the right on an undivided road still illegal in MA?


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## Deuce (Sep 27, 2003)

Chree said:


> Correct me if I am wrong, but isn't passing on the right on an undivided road still illegal in MA?


Guess you didn't read 89/2 in the first page huh?


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