2016 LS 460 Accident
Intermediate
Joined: Sep 2018
Posts: 429
Likes: 148
From: WV
Look for gouges or scratches in the pavement and broken glass/plastic that's been brushed to the side. Go over your video and be able to pinpoint EXACTLY where the POI was. The POI is going to be pretty much the sole determining factor in causation here. If you can conclusively show you were well away from the intersection when struck after your turn it's careless driving/following too closely on the other party. Assuming a 55 mph limit if you're within 200' of the intersection at the POI it could very easily go the other way and fall on you as failure to yield.
Thread Starter
Intermediate
Joined: Jan 2017
Posts: 315
Likes: 72
From: Ilinois
Look for gouges or scratches in the pavement and broken glass/plastic that's been brushed to the side. Go over your video and be able to pinpoint EXACTLY where the POI was. The POI is going to be pretty much the sole determining factor in causation here. If you can conclusively show you were well away from the intersection when struck after your turn it's careless driving/following too closely on the other party. Assuming a 55 mph limit if you're within 200' of the intersection at the POI it could very easily go the other way and fall on you as failure to yield.
CL Community Team
Joined: Mar 2007
Posts: 4,265
Likes: 482
From: MA
It's too bad you weren't in Massachusetts. Any rear end collision is the fault of the driver doing the hitting. The theory is you should always be in control of your vehicle.
Now as stated in an earlier post, the driver making a left turn must yield the right of way, but that only applies if you are broadsided by a car coming from your right, or if you collide head on from a car approaching from the opposite direction. However, that does not appear to be the case in your situation.
Just a question, did you have front and rear facing cameras?
Now as stated in an earlier post, the driver making a left turn must yield the right of way, but that only applies if you are broadsided by a car coming from your right, or if you collide head on from a car approaching from the opposite direction. However, that does not appear to be the case in your situation.
Just a question, did you have front and rear facing cameras?
Thread Starter
Intermediate
Joined: Jan 2017
Posts: 315
Likes: 72
From: Ilinois
It's too bad you weren't in Massachusetts. Any rear end collision is the fault of the driver doing the hitting. The theory is you should always be in control of your vehicle.
Now as stated in an earlier post, the driver making a left turn must yield the right of way, but that only applies if you are broadsided by a car coming from your right, or if you collide head on from a car approaching from the opposite direction. However, that does not appear to be the case in your situation.
Just a question, did you have front and rear facing cameras?
Now as stated in an earlier post, the driver making a left turn must yield the right of way, but that only applies if you are broadsided by a car coming from your right, or if you collide head on from a car approaching from the opposite direction. However, that does not appear to be the case in your situation.
Just a question, did you have front and rear facing cameras?
Intermediate
Joined: Sep 2018
Posts: 429
Likes: 148
From: WV
Title XIV Chapter 89 Section 9
The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.
Thread Starter
Intermediate
Joined: Jan 2017
Posts: 315
Likes: 72
From: Ilinois
Well, thank you for the clarification the accident was not “in the intersection or junction of roadways” I was already driving after passing the intersection when she hit me, I’ve already checked with another lawyer and basically I wad told the same that it is not my fault, I will keep you posted guys, thank you so much for your help !
Thread Starter
Intermediate
Joined: Jan 2017
Posts: 315
Likes: 72
From: Ilinois
My A8 has this and it in fact did when a gal suddenly decided to turn left without signalling, cut my way end entered in a parking lot on my left hand side, not so sure but I guess my 2016 LS have this but it only prevents you hitting a car in the front of you....please correct if I'm wrong.
Lexus Fanatic
Joined: May 2012
Posts: 68,826
Likes: 4,103
From: Maryland
The 2016 LS has that if it has radar cruise control. My 2017 LS had it. Only prevents you from hitting the car in front of you, but the more sophisticated systems can see an oncoming T bone coming, avoid pedestrians, etc. If the woman who hit you had it the accident would have been avoided.
Here's a video of how it works on the S Class, and remember this is OLD tech now:
Here's a video of how it works on the S Class, and remember this is OLD tech now:
Thread Starter
Intermediate
Joined: Jan 2017
Posts: 315
Likes: 72
From: Ilinois
Interesting and also nice to see Frankfurt during the summertime, Frankfurt Opera, bridges over the Main river, etc ! I guess the second car ( in Frankfurt ) is your S class, true ?
Racer
Joined: Jul 2004
Posts: 1,549
Likes: 218
From: Massachusetts
Yes, the folks at the Lexus Certified Collision Centre started to work on the car, their estimate is about $1200 more which is really surprising but anyway they're working on the car, apparently it is "only" cosmetic nothing structural, the car will be done in about two weeks. Now I have to fight the citation, a totally inexperienced and apparently not very fair cop, gave me a citation, first mentioning he wouldn't write any, then after refusing to give him the camera stick, he did write me one, anyway my lawyer reviewed the recording and apparently that will not go anywhere, I was slowing down at a yield sign, looked on both sides a couple of times got into the intersection and drive on the right hand side and then she came out of nowhere did not hit the brakes and hit me in the back of the car, the cop report is totally different than what I have on the recording, anyway her insurance made me liable....yeah that is an update, any advise ?
Was the girl by chance resembling this person ? If so just give up
. I don't see you can be at fault here. The girl was going too fast and out of control.
