The Shoulder
The Shoulder
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Car accidentsmellow-owl-259

Intersection crash — both drivers claiming the other didn't signal. Who's actually at fault here?

Still kind of shaken up writing this, so bear with me.

About three weeks ago I was approaching a four-way stop in my sedan. There was a pickup truck already stopped at the corner to my left. No turn signal on, hazards off, just sitting there. I waited a beat, figured he was letting traffic clear or something, and started easing through the intersection to go straight.

The second I committed to moving, he lurched forward and swung wide to the right — no warning, no signal, nothing. Clipped my front passenger corner pretty good. I ended up spinning slightly and coming to rest half into the adjacent lane. Nobody was seriously hurt but I've had neck stiffness ever since and my car had to be towed.

Here's where it gets frustrating. His insurance is now telling me I was "already moving and failed to yield." But I only moved because he gave zero indication he was about to go anywhere! My whole argument is that a signal would have changed everything — I would have waited.

I pulled up the intersection on Google Maps and there's a traffic camera on the light pole nearby. I've asked about the footage but haven't heard back yet.

Couple of specific things I'm confused about:

  • Does failing to signal automatically shift fault to him, or does it just become a "he said / she said" thing?
  • Should I be talking to his insurance at all right now, or just my own?
  • Is it worth getting an independent accident reconstructionist involved?

I feel like I'm being set up to take the blame for something that wasn't my fault. Any advice from people who've been through something similar would mean a lot right now.

12replies

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12 replies

  • 11
    clear-marten-751

    Ugh, this is almost exactly what happened to me two years ago. The other driver claimed I "should have known" he was turning even though his signal never came on. Honestly the turning point for me was getting a copy of the police report — the responding officer had noted the absence of a signal in his observations, which made a huge difference later. Push hard for that report if you don't already have it.

    • 8
      weary-passenger771

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

  • 18
    swift-kestrel-784

    Stop talking to his insurance. Seriously, just stop. Every single thing you say to them is being logged and will be used to chip away at your claim. They're not neutral — their whole job is to minimize what they pay out. Redirect everything through your own insurer and let them fight it out. I learned this the hard way.

  • 10
    plain-marmot-583

    Former adjuster here. When I was on the other side of this, the first thing we'd do is try to get a recorded statement from the opposing party ASAP — before they talked to a lawyer or fully understood their rights. If his insurance has already called you asking to "just go over what happened," that's what's happening. Decline politely and say you'll respond in writing only. Also, that traffic camera footage? File a preservation letter or request immediately — that footage gets overwritten fast, sometimes within 30 days.

    • 2
      calm-walker169

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

  • 11
    quick-elk-519

    On the fault question — failure to signal is a traffic violation in every state I'm aware of, and it absolutely factors into comparative negligence analysis. It doesn't automatically mean 100% his fault, but it's a significant mark against him. The key is documenting it: police report, any witnesses, and yes, that camera footage if you can get it. If the camera belongs to the city or county, you'd typically submit a public records request. A personal injury attorney can often do that for you quickly. Also, that neck stiffness you mentioned — please get it checked out and documented medically. Gaps in medical care are one of the biggest things adjusters use to undercut injury claims.

    • 10
      careful-neighbor318

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

  • 9
    calm-stoat-809

    Please don't brush off the neck stiffness. Post-collision soft tissue injuries often feel like minor annoyances in the first few weeks and then flare up significantly later. Get imaging done, even if just as a baseline. I've seen people wait months and then struggle to connect their injury to the accident because there was no early documentation. Take care of yourself first — the insurance stuff will still be there.

  • 7
    kind-beaver-458

    Not legal advice, but I'll say this much: the scenario you're describing — disputed signals, a camera that may have caught it, and an opposing insurer already pushing a narrative — is exactly the kind of case where a free consult with a PI attorney is worth your time. Most work on contingency so there's no upfront cost. At minimum they can tell you whether you have a viable claim and help you avoid saying something that hurts you. The camera footage preservation point cannot be overstated.

    • 18
      curious-crane-238

      Not trying to be harsh, but I want to ask — was there anyone else at the intersection when this happened? Any witnesses? Because without that camera footage or a witness, it really does come down to your word vs. his, and insurance companies tend to default to some kind of split in those situations. What did the police report say, if anything, about who they thought was at fault?

  • 18
    keen-elk-281

    The fact that you're asking these questions this early is actually a good sign. A lot of people just accept whatever the insurance company says and end up shortchanged. You're already thinking about the camera, already questioning the other side's version — that's exactly the right instinct. Keep pushing.

  • 7
    clear-grouse-006

    I just want to say I'm really sorry this happened to you. It's so stressful to be dealing with pain AND an insurance battle at the same time. Please make sure you're leaning on people around you too, not just grinding through this alone. Hoping it gets resolved in your favor quickly 💙