My wife was in a car accident recently. She was turning right, (no lights, give way or other signs) into a busy, double lane road. She checked for oncoming traffic in both directions for at least 3 minutes, as she is a careful driver. The oncoming traffic on her right side had 2 cars, both indicating from their left lane, and turning left into the road she was on.
Since she checked both ways are clear, and knowing those 2 cars were turning left, she started to turn right. Out of nowhere, a car on her right hit her. We suspect the car must have been initially behind the 2 cars turning left, but pulled out into the right lane, and wasn't paying attention to my wife's car.
I know by the strict letter of law, people may say my wife is still at fault. However, I feel there is a case for at least partial fault by the other driver, for not paying attention and quickly accelerating into the right lane.
I'm interested in your opinion on the possibility of what is legally called ' contributory negligence'. We don't have 3rd party insurance, so I know the insurance company will come after us hard.
My teenage daughter was in the car and can confirm that my wife had been at the intersection for at least 3 minutes, watching traffic in both directions. Therefore there is a witness.
Really appreciate any help from people who have been in similar situations....thank you.
Since she checked both ways are clear, and knowing those 2 cars were turning left, she started to turn right. Out of nowhere, a car on her right hit her. We suspect the car must have been initially behind the 2 cars turning left, but pulled out into the right lane, and wasn't paying attention to my wife's car.
I know by the strict letter of law, people may say my wife is still at fault. However, I feel there is a case for at least partial fault by the other driver, for not paying attention and quickly accelerating into the right lane.
I'm interested in your opinion on the possibility of what is legally called ' contributory negligence'. We don't have 3rd party insurance, so I know the insurance company will come after us hard.
My teenage daughter was in the car and can confirm that my wife had been at the intersection for at least 3 minutes, watching traffic in both directions. Therefore there is a witness.
Really appreciate any help from people who have been in similar situations....thank you.
