The Shoulder
The Shoulder
54
candid-kestrel-180

Guy used the center turn lane as a passing lane and hit me mid-turn — whose fault is this??

Still kind of shaken up writing this out but I need some outside perspective because my head is spinning.

So I was on a busy four-lane road last week trying to make a left turn into a shopping center. Traffic heading the same direction as me was backed up pretty bad — like six or seven cars deep plus one of those big delivery trucks. I waited, checked both directions, saw nothing coming in the center two-way left-turn lane, and started my turn. My front end was already well past the fog line and into the turn.

Out of nowhere I get T-boned on my driver's side. Turns out some guy had been using the two-way center turn lane as his personal express lane to skip around all the stopped traffic. No signal, going noticeably faster than everything else around him. He just... flew up behind that delivery truck and kept going straight into my path.

Here's where I'm confused: the center lane is technically a turn lane, not a travel lane. He wasn't turning — he was using it to pass like four cars and a big rig. My understanding is you're not supposed to do that, right?

His insurance is already trying to call me and I haven't picked up yet. My car has pretty significant damage on the driver's door and rear quarter panel, and my neck and shoulder have been sore since it happened. I went to urgent care the next day.

Does anyone have experience with this kind of split-fault situation? I feel like I did everything right and I'm worried I'm going to get blamed anyway just because I was the one turning.

14replies

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14 replies

  • 21
    warm-tern-602

    Oh man, this is almost exactly what happened to me two years ago. Someone used the center turn lane to pass a line of stopped cars and clipped me while I was mid-turn into a parking lot. The thing that saved me was that there was a dashcam on the car behind me that caught the whole thing. Do you have any dashcam footage, or were there any businesses nearby that might have cameras facing the road? That evidence matters SO much in these situations.

    • 10
      sharp-mole-491

      Neck and shoulder pain after a side impact can take days to really show up fully — don't assume urgent care one time is enough. If symptoms are persisting or getting worse, please follow up with your primary doctor or an orthopedic. Document every appointment and every symptom change. That paper trail matters both for your health and for any claim you might end up filing.

    • 2
      weary-walker625

      Appreciate the detailed write-up. Saving this for later.

  • 5
    mellow-heron-029

    Do NOT call that other insurance company back without knowing your rights first. They're calling you fast for a reason — they want a recorded statement while you're still shaken up and before you've talked to anyone. Anything you say can get twisted to increase your share of fault. Let them leave a voicemail. You're not legally required to cooperate with the other driver's insurer, only your own.

  • 18
    wise-dove-559

    I used to work claims and I'll tell you exactly what's going to happen if you're not careful. They're going to try to put comparative fault on you for "failure to yield" during a left turn, because that's the default argument adjusters reach for. They'll probably low-ball any offer fast hoping you take it before you get medical records together.

    What actually matters here is whether you can show he was traveling in a lane not designated for through traffic. Most states define two-way left-turn lanes in their traffic codes — using one to pass is almost always a violation. If you have photos, a police report, or any witness info, hold onto all of it.

  • 21
    candid-otter-027

    The legal concept you're bumping into is comparative negligence — most states split fault by percentage rather than all-or-nothing. The key issue is whether the other driver violated a traffic law by using the center turn lane for passing. That violation could shift significant fault to him. Make sure you get a copy of the police report if one was filed, and write down your own detailed account of events right now while everything is fresh. Times, what you saw, what you checked — all of it.

  • 17
    hearty-swan-437

    Not legal advice, but this fact pattern — someone using a two-way center turn lane as a travel lane to pass stopped vehicles — is genuinely fact-specific and can go different ways depending on your state's traffic laws and how fault gets apportioned. The stronger your evidence that he wasn't making a turn (no signal, high speed, passing multiple cars), the harder it is for his insurer to push 100% of the blame on you. Worth at least a free consult with a PI attorney before you talk to anyone on his side.

  • 14
    cool-elk-655

    Three things right now: (1) Stop answering calls from his insurance until you're ready. (2) If there are any businesses, traffic cameras, or dashcams in that area, move fast — footage gets overwritten. (3) Keep going to the doctor and don't downplay how you feel just because you're tough. Soft tissue stuff from side impacts is real and it needs documentation.

    • 10
      kind-optimist359

      Really glad you posted an update — gives the rest of us some hope.

  • 19
    mellow-bison-993

    Was there a police report filed at the scene? And did the officer note anything about the other driver's lane usage? I ask because the report is going to be one of the first things anyone looks at, and if the officer didn't document that the guy was traveling in the turn lane, you may have a harder time proving it without other evidence. Not saying you're wrong — just asking what you actually have on your side right now.

  • 13
    bright-swan-924

    Honestly the fact that your neck and shoulder are still sore is what I'd be focused on right now. Please don't let the insurance stress push the physical stuff to the back burner. I really hope you have someone looking out for you through all this — it sounds incredibly stressful.

    • 4
      kind-traveler271

      Seconding this. The same approach worked for me last year.

  • 10
    kind-wren-122

    The good news is you went to urgent care right away and you're already documenting things by writing it out like this. A lot of people don't do either and it really hurts their case later. You're already ahead of where a lot of people are when they come here.

    • 0
      thankful-offramp887

      Took me three tries but they finally budged. Don't give up.