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-> Lakewood, Toms River & Jackson related Inquiries
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amother
OP
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 Fri, Jul 07 2023, 11:33 am
I was driving down a two-way side street without any lines in the center. A car in front of me slowed down. It appeared as if the car was pulling over to the right side of the road (as people do all the time on these streets.) After driving behind her for a bit, I passed her on the left side of the street. Next thing I know, she turns into me.
Apparently, she was turning left into her driveway so was slowing down to turn into it.
1. I did not see a blinker
2. I was more than half passed her when she hit me
3. She was slowing down for a good half a block before she decided to turn (I feel like she was a young/new driver)
4. As far as I am aware, you are allowed to pass
5. I am generally not an aggressive driver.
We did not call the cops as there was minimal damage. If I need to pay for damage, I will. I just feel like it is not clear who is really at fault here.
What do you think?
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amother
Razzmatazz
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Fri, Jul 07 2023, 11:36 am
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She is probably at fault but in such cases you would likely each pay to repair your own car.
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amother
Razzmatazz
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Fri, Jul 07 2023, 11:37 am
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Actually it might be worth going to bais din if it’s expensive
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wife101
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Fri, Jul 07 2023, 11:40 am
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It sounds like legally she is in the right.
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seeker
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Fri, Jul 07 2023, 11:43 am
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If she didn't use her turn signal then she's at fault.
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gorilla
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Fri, Jul 07 2023, 12:00 pm
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I would say she’s at fault. Can’t see how you are. She didn’t signal and she didn’t check in her mirror/blind spot
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shabbatiscoming
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Fri, Jul 07 2023, 12:07 pm
| wife101 wrote: | | It sounds like legally she is in the right. |
How? If she didnt put her blinker on, she is definitely in the wrong.
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amother
Bronze
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Fri, Jul 07 2023, 12:16 pm
| amother OP wrote: | | It appeared as if the car was pulling over to the right side of the road (as people do all the time on these streets.) |
Did she pull over to the side or not? If this was not a super narrow street, meaning there’s enough room for two cars driving next to each other plus two cars parked at the sides, then if she pulled over into the “parking lane” on the right I’d say she was in the wrong. If she was still in the “driving lane” then you were wrong for pulling over into the lane designated for oncoming traffic.
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amother
Turquoise
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Fri, Jul 07 2023, 12:42 pm
| amother OP wrote: | I was driving down a two-way side street without any lines in the center. A car in front of me slowed down. It appeared as if the car was pulling over to the right side of the road (as people do all the time on these streets.) After driving behind her for a bit, I passed her on the left side of the street. Next thing I know, she turns into me.
Apparently, she was turning left into her driveway so was slowing down to turn into it.
1. I did not see a blinker
2. I was more than half passed her when she hit me
3. She was slowing down for a good half a block before she decided to turn (I feel like she was a young/new driver)
4. As far as I am aware, you are allowed to pass
5. I am generally not an aggressive driver.
We did not call the cops as there was minimal damage. If I need to pay for damage, I will. I just feel like it is not clear who is really at fault here.
What do you think? |
I dont totally understand your post, but if she's in front of you and it's one way each direction then you're at fault. You're technically not allowed to go into "oncoming" traffic to pass somebody going too slow for your tastes. Though of course everyone does it all the time. Often it's because they're looking for an address - even if it's not the case here. Just be aware.
It's a risk you take when you pass somebody "illegally".
People don't have to look behind them where there isn't supposed to be someone passing frim behind.
Sorry. 
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Cheiny
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Fri, Jul 07 2023, 12:44 pm
| amother OP wrote: | I was driving down a two-way side street without any lines in the center. A car in front of me slowed down. It appeared as if the car was pulling over to the right side of the road (as people do all the time on these streets.) After driving behind her for a bit, I passed her on the left side of the street. Next thing I know, she turns into me.
Apparently, she was turning left into her driveway so was slowing down to turn into it.
1. I did not see a blinker
2. I was more than half passed her when she hit me
3. She was slowing down for a good half a block before she decided to turn (I feel like she was a young/new driver)
4. As far as I am aware, you are allowed to pass
5. I am generally not an aggressive driver.
We did not call the cops as there was minimal damage. If I need to pay for damage, I will. I just feel like it is not clear who is really at fault here.
What do you think? |
If she didn’t have her turn signal on, she was wrong,
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amother
Razzmatazz
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Fri, Jul 07 2023, 12:46 pm
| amother Bronze wrote: | | Did she pull over to the side or not? If this was not a super narrow street, meaning there’s enough room for two cars driving next to each other plus two cars parked at the sides, then if she pulled over into the “parking lane” on the right I’d say she was in the wrong. If she was still in the “driving lane” then you were wrong for pulling over into the lane designated for oncoming traffic. | If the road isn't striped then there is no "lane for oncoming traffic"
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amother
Teal
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Fri, Jul 07 2023, 12:47 pm
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I don't know the local ordinance but if it's illegal to pass on a two way street where you live then you were in the wrong
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amother
Puce
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Fri, Jul 07 2023, 12:47 pm
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I once had this, if she didn't put her blinker on she's most definitely wrong.
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amother
Wheat
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Fri, Jul 07 2023, 12:49 pm
Talk to your insurance company.
I’m not in NJ but I learned that whoever is turning is at fault.
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amother
Razzmatazz
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Fri, Jul 07 2023, 12:56 pm
OK I Googled it.
39:4-85. Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
Since you passed her on the left, you were passing correctly. If you had passed her on the right, you would both be at fault, her for not signaling and you for incorrectly passing.
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amother
Bronze
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Fri, Jul 07 2023, 2:17 pm
| amother Razzmatazz wrote: | | If the road isn't striped then there is no "lane for oncoming traffic" |
If it’s a two way street there is.
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amother
Razzmatazz
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Fri, Jul 07 2023, 3:35 pm
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No there isn’t, unless a car is actually coming down the street the other way. I posted the applicable ordinance.
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amother
Razzmatazz
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Fri, Jul 07 2023, 3:36 pm
| amother Teal wrote: | | I don't know the local ordinance but if it's illegal to pass on a two way street where you live then you were in the wrong | For information purposes, where in the US are you not allowed to pass on a two way street?
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cuffs
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Fri, Jul 07 2023, 3:51 pm
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Op I think you are in the wrong, do you put on your blinker when you turn into the driveway? Especially if you live on a quiet street?
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Chayalle
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Fri, Jul 07 2023, 3:54 pm
| cuffs wrote: | | Op I think you are in the wrong, do you put on your blinker when you turn into the driveway? Especially if you live on a quiet street? |
I'm not OP but huh? I always signal when I turn into my driveway, even if there's no one in sight.
I'm not sure what the law is in OP's case. I know my daughter was once in an accident where she was driving, and she slowed to make a left turn (she didn't end up making the turn) and a car smashed into her from behind. He was at fault (you always have to keep a safe distance from behind...) according to the police report.
However in OP's case - could be the driver should have noticed OP passing her before she made her turn, if she was going slowly and didn't signal.
But I'm no law expert.
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