The Shoulder
The Shoulder
58
tidy-grouse-978

Cited for failure to yield but the other driver was flying — am I really fully at fault?

Still processing this whole thing so bear with me.

I was at a stop sign on a side street waiting to pull out onto a two-lane road. The problem is there's a pretty sharp curve to my right AND a row of overgrown hedges along the property line that absolutely kills your sightline. You literally cannot see more than maybe 25 feet in that direction until you start creeping forward. I waited, looked as best I could, saw nothing coming, and started to ease out.

A pickup truck came around that curve and slammed into the passenger side of my car. My car got shoved sideways into the opposite lane. The responding officer estimated the truck was doing somewhere around 50 in a 35 zone based on the damage and the length of the skid marks — except here's the thing, the skid marks didn't start until after impact. Meaning he wasn't even braking before he hit me.

Police report lists me as at fault for failure to yield. The other driver got zero citations. I get that I pulled out — I do — but how is it entirely on me when:

  • The visibility at that intersection is genuinely dangerous
  • He was clearly over the speed limit
  • He made zero attempt to slow down beforehand

I have a mild concussion and some soft tissue stuff in my neck that I'm still getting checked out. My car is probably going to be a total loss.

Insurance called me already and the adjuster was super friendly and wanted a recorded statement ASAP. I haven't given one yet.

Has anyone dealt with a situation where you got cited but the other driver was also doing something wrong? How did that shake out?

12replies

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12 replies

  • 20
    tidy-elk-757

    Almost the exact same thing happened to me at a blind curve intersection two years ago. I got the failure-to-yield citation, other driver got nothing, and I was furious. What I learned is that a police citation and legal/insurance fault are actually two different things. My lawyer was able to use the other driver's speed as a factor that got me down to something like 30% at fault instead of 100%. Don't assume the citation is the final word.

    • 14
      clever-owl-428

      Please do NOT give that recorded statement yet. I cannot stress this enough. Adjusters are trained to be warm and friendly right after an accident when you're still rattled and haven't had time to think clearly. Anything you say gets locked in and can be used to push more fault onto you. You have every right to say you're not ready and will follow up later.

  • 17
    plain-grouse-887

    You didn't give the recorded statement — that's actually a really good instinct and puts you in a better position than a lot of people who call in the same week and just start talking. You've still got options here. The fact that you're asking questions and thinking critically about this instead of just rolling over is going to serve you well.

  • 16
    bright-crow-711

    Former adjuster here. On the inside, we were always told to get recorded statements as fast as possible — ideally within 24-48 hours while people are still confused and in pain. That 'super friendly' vibe you noticed? That's a technique. I'm not saying every adjuster is a bad person, but the friendliness serves the company's interests, not yours. Get your ducks in a row before you talk to them.

  • 14
    curious-kestrel-348

    Not legal advice, but I'll say this much: most states use some form of comparative negligence, which means fault can be split between parties. A driver's speed and failure to brake can absolutely be argued as contributing factors even when someone else failed to yield. The intersection's visibility problem could also be relevant — sometimes municipalities share liability for dangerous road conditions. Worth at least a free consult before you accept any framing from the insurance company. Not legal advice.

  • 13
    kind-owl-008

    Please take the concussion seriously. Even 'mild' ones can get worse before they get better, and symptoms sometimes don't fully show up until a few days after the impact. Make sure you're following up with a doctor and keeping records of every appointment, every symptom, every day you felt off. That documentation matters for your health AND for any claim down the road. Don't let anyone rush you into saying you're 'fine.'

    • 0
      weary-parent414

      This is exactly what I needed to read today. Thank you.

  • 13
    bright-finch-115

    Genuine question — did anyone actually measure or document the sightline issue at that intersection officially, or is that just your assessment? Because there's a difference between 'I personally couldn't see well' and having an engineer or the police report actually note the visibility obstruction. If it's just your word, it's going to be harder to lean on than you might hope. Not saying you're wrong, just asking.

    • 8
      patient-survivor350

      Solid advice. Getting it in writing is the part most people skip.

  • 12
    kind-hare-628

    A few things worth doing right now if you haven't already: (1) Go back to that intersection and take a ton of photos and video from the driver's perspective — show exactly what you can and can't see from the stop sign. Do it soon before anything changes. (2) Request the full police report, not just the summary. Officer notes and diagrams can matter a lot. (3) If there are any houses or businesses nearby that might have security cameras covering that stretch of road, time is not your friend — footage gets overwritten fast.

    • 1
      gentle-commuter803

      Same boat here. Did anyone mention a deadline to watch out for?

  • 10
    gentle-beaver-270

    Two things: talk to a PI attorney before you talk to any insurance company, including your own. And document your symptoms every single day in a notes app or journal — date, time, what you felt. Juries and adjusters both respond to paper trails. Do those two things before anything else.