Can a driver have a right a way in both lanes and not be responsible for his signal light?

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Can a driver have a right a way in both lanes and not be responsible for his signal light?

I was attempting to turn left into a four lane street from a parking lot driveway. The driver coming from my left in the lane closest to me was signaling to turn right into the driveway where I was exiting from. So as I began to move forward into the street then looking if it was clear of traffic in the opposite direction we crashed in the next lane over. He apologized and said he changed his mind. He decided to go straight ahead instead. His insurance company now says I’m the one who is at fault because he had the right of way. I couldn’t believe it! It didnt matter if he signaled or changed his mind. How can a driver have the right of way in both lanes and not be responsible for the controls on his vehicle or drving in a careless manner?

Asked on April 5, 2009 under Accident Law, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hello.  Do you have insurance? What does your insurance company say?  Usually your insurance company hires an attorney to handle many accidents (especially if medical bills are involved).  Yes, usually if you are entering into a lane from another location (i.e., another street, driveway), you have the responsibility to ensure you area is clear.  However, check your state for at fault laws.  The other driver may be at fault for not properly signaling or checking to see if his area is clear to change lanes. 


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