Right of way in Virginia ----- accident (legally, safety)

[airjay75]

Is it even legal to hang out in the median if it's not a designated turn lane? I know people do it all the time, but I sort of suspect it's one of those things that is technically illegal. Regardless, this is not a real clear cut situation to me, especially since you were making a U-turn. I mean, you had already passed the portion of the road and median that car B was attempting to enter. Car B has no way of knowing you're making a u-turn. You received a citation, so obviously the responding officer thought you failed to properly yield. Might be worth going to court and telling your side of the story just to try and get rid of the citation. Otherwise, let the insurance companies duke it out. Of course, the citation will create a bit of a presumption that it was your fault, but I'm sure they will fight it out if there's any grey territory.

[Timeback]

Originally Posted by car54

Your accident occurred in La Plata, Maryland. Crain Highway is Maryland Route 3 (or 301).

Virginia traffic laws do not apply in Maryland. I'd see what the folks in the MD forum think...

Great point, but that's not where the accident occurred. it's just an example. the accident was in Virginia.

[VA Yankee]

I believe Car A is at fault, it was waiting on the median. Car B was on an actual road and as stated was moving across prior to car A starting to move.

[dkf747]

Car A is at fault. Who got there first is irrelevant. A hit B because he assumed he had right of way, and didn't pay attention to his left while trying to turn left. Never assume the other driver will have the same understanding of right of way.

[CityResearcher]

Left turn always yields

[Timeback]

Originally Posted by CityResearcher

Left turn always yields

I remember seeing in the virginia code that in a 4 way stop sign, the car that arrives first has the right of way.
I've asked two random police officers, and they both indicated that because Car A was there first, it has the right of way...Yet, the two officers at the scene gave Car A a failiure to yield ticket.....

ps. there's video evidence at a local grocery that proves that Car A arrived before Car B. Police watched this video before issuing ticket to Car A.

[sequon]

Car A could have prevented the accident with reasonable care. Car B could not. To me it seems like a clear cut case, not gray.

As several people pointed out, it was not in a 4 way stop sign situation and who arrived first is not relevant.

Even in a 4 way stop situation, when someone "steals" your right of way (which happens to me all the time, by the way), you may honk/swear/yell/give finger or whatever, but you can't hit the other car and argue that it was the other's fault. A judge will not take it well... Sorry.

[spencgr]

Originally Posted by Timeback

I remember seeing in the virginia code that in a 4 way stop sign, the car that arrives first has the right of way.
.

Why do you keep referencing the 4-way stop law??? You were not at a 4-way stop. That law doesn't apply here.

[Timeback]

Originally Posted by spencgr

Why do you keep referencing the 4-way stop law??? You were not at a 4-way stop. That law doesn't apply here.

with all due respect, is that your opinion (totally ok. I'm not knocking it) or is it the Virginia Law that you could perhaps reference for me?

[dkf747]

Originally Posted by Timeback

with all due respect, is that your opinion (totally ok. I'm not knocking it) or is it the Virginia Law that you could perhaps reference for me?

The first thing you need to reference is we're there 4 stop signs the Rest? The example posted says there weren't. If 4 stops are not there, then there is no need to reference a 4 stop sign law.