The Shoulder
The Shoulder
65
genuine-badger-171

Car waved me out, I pulled into traffic, got slammed — am I the one at fault here??

Still kind of shaking writing this, happened just a few days ago and my head is spinning.

I was trying to turn left out of a strip mall parking lot onto a pretty busy four-lane road. Traffic in the closest two lanes was completely stopped — like bumper to bumper. The driver right at the exit actually waved me through, so I crept forward slowly, nose of my car barely poking out past the stopped cars.

Then out of nowhere I got absolutely demolished by a car coming from the far lanes that I couldn't even see until it was too late. The impact spun me halfway around. My car is almost certainly a total loss — the whole driver's side is caved in. I walked away with some soreness and what feels like whiplash but I didn't go to the ER at the scene (I know, I know).

The other driver told the officer she "came out of nowhere" — meaning me, I guess. But I feel like she had to have been going well over the speed limit given how far past me she ended up rolling after impact. There's also no way she was paying attention if she didn't notice two full lanes of stopped traffic right next to her.

Police report isn't back yet. My insurance knows about it. I haven't talked to her insurance yet and honestly I'm scared to.

A few things I keep wondering:

  • Does the wave from the stopped driver matter legally?
  • Can they pull speed data from her vehicle?
  • Am I automatically at fault for turning left even if she was speeding and not paying attention?

Any experience with something like this would really help right now. I feel completely alone in this.

13replies

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13 replies

  • 18
    genuine-tern-017

    Oh man, I went through almost the exact same thing two years ago — pulled out of a driveway with someone waving me forward, got hit by a car in the next lane over. It is such a gut-punch feeling because you feel like you did everything right. For what it's worth, my case ended up being shared fault, not 100% on me. The speed of the other driver actually mattered a lot. Don't give up yet.

    • 12
      hearty-seal-846

      A couple of things I'd want to know more about: Was it a marked exit from the parking lot or just an opening? And were there any 'yield to oncoming traffic' signs posted? Also what exactly did the police report say — did they issue any citations to either driver? Those details change the picture quite a bit.

    • 3
      kind-traveler560

      This is really helpful — thank you for posting it.

  • 15
    patient-finch-980

    Do NOT talk to the other driver's insurance without thinking it through first. They are going to call you, probably soon, and they are going to sound really friendly and understanding. That's the job. Anything you say gets used to minimize what they pay out. I'd seriously consider at least consulting with someone before you pick up that phone.

    • 19
      mellow-kestrel-617

      Not legal advice, but left-turn accidents are automatically presumed to be the turning driver's fault in a lot of states — that's just the default. However, that presumption can be rebutted by evidence like excessive speed, distracted driving, or failure to account for visible traffic conditions. The fact that two full lanes were stopped is significant because a reasonable driver in the open lanes should have anticipated cross-traffic. Get the police report the moment it's available and don't sign anything.

    • 5
      patient-wanderer810

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 18
    plain-crow-534

    Former claims adjuster here. A few things: yes, newer vehicles absolutely have event data recorders that can show speed, braking (or lack of braking), and throttle position in the seconds before impact. Getting that data pulled is very possible, especially if you involve an attorney who can send a preservation letter before the other party's insurer has the car inspected or repaired. That data disappears or gets overwritten. Time matters on this one.

    • 3
      curious-driver720

      Did you have to escalate, or did they come around after the first ask?

  • 12
    quick-marmot-994

    Please go get checked out even if you feel mostly okay. Whiplash symptoms — and sometimes even concussion symptoms — don't fully show up until 24 to 72 hours after the crash. I've seen people feel fine at the scene and then wake up two days later barely able to turn their head. Getting evaluated now also creates a medical record that connects your injuries to the accident, which matters a lot later.

  • 18
    spry-marmot-344

    The wave from the stopped driver is what's called a 'third-party signal' and it's actually a recognized factor in accident reconstruction. It doesn't automatically clear you of liability, but it does go to the reasonableness of your actions — you had reason to believe the way was clear. Document everything: if that driver is willing to give a statement or be a witness, get their contact info now while it's fresh. That could be really valuable.

  • 17
    wise-heron-231

    Here's the blunt version: you're probably going to share some fault, that's just the reality of left turns. But 'some' and 'all' are very different things financially. The other driver's speed and inattention in the face of obviously stopped traffic is real leverage. Stop worrying about guilt and start collecting evidence — photos, the police report, witness contacts, and a doctor's note.

    • 6
      weary-wanderer156

      How long did it end up taking in your case?

  • 5
    spry-mole-794

    I'm so sorry this happened to you, that sounds terrifying. Please don't try to handle the insurance stuff alone if it's stressing you out this much. You've already been through a traumatic thing, you don't have to become an expert on accident liability on top of it. It's okay to ask for help.