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  1. Join Date
    Jan 2017
    Posts
    24
    #1
    Scenario:

    I'm in an intersection making a right turn, after checking if the box is clear, I go ahead and turn, just as I'm about to complete my turn, meaning I'm nearly parallel to the road, a bike comes zooming in from the through road and hits me at my left fender at an almost parallel angle..

    Then he proceeds to fall to the right...

    I was expecting him to fall left since he claims I up and hit him and I came from his right side thus it would make sense if I shoved him to fall on his left, but his bike fell to the right.

    The only reason I can think of is that he was moving right and trying to cut into my lane.

    I'd appreciate your thoughts..

  2. Join Date
    Oct 2002
    Posts
    10,819
    #2
    your fault still, wherever he falls. you were the one making a turn. he was going straight. he had the right of way. di porke nauna ka ng 100 meters or even more or di mo siya nakita e lusot ka na. the bike was in the lane before you made the turn no matter what you say it was clear.

    the bike was speeding? true or not it is a separate offense and does not exonerate you from your fault.

  3. Join Date
    May 2017
    Posts
    50
    #3
    Dashcam would've helped a lot in your case. Not those cheap ones, but those which has a wide angle of view.

    Sent from my SM-N910C using Tsikot Forums mobile app

  4. Join Date
    Jan 2017
    Posts
    24
    #4
    I do have a dash cam with wide angle view 60 fps HD, it's a viofo a119.. still he's nowhere to be seen until impact.

    I assume you're one of those people who think right of way is more important than giving way to automatically assume the fault is on me?

    Last clear chance doctrine - is stated, a person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent or the negligence of a third person which is imputed to his opponent, is considered in law solely responsible for the consequences of the accident."

    Ra4136sec35 Restriction as to speed.(a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.

    Sec42 (a) When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right which he might otherwise have hereunder.
    (b) The driver of a vehicle approaching but not having entered an intersection shall yield the right of a way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this

    In Adzuara v. Court of Appeals, it was established that a motorist crossing a thru-stop street has the right of way over the one making a turn; but if the person making the turn has already negotiated half of the turn and is almost on the other side so that he is already visible to the person on the thru-street, he is bound to give way to the former.

    Which means I had both right of way and a reasonable expectation of safety when I made my turn.

  5. Join Date
    Mar 2008
    Posts
    54,625
    #5
    so where did the bike come from?

    lookit the tama on his bike. is it on the left, or is it on the right? lookit the tama on your vehicle. take pictures.

    but... is there something wrong with your dashcam? why did it not record the bike as he was crossing your path?
    Last edited by dr. d; June 22nd, 2017 at 12:21 AM.

  6. Join Date
    Oct 2012
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    27,624
    #6
    checking twice is not enough especially with these reckless mc drivers..

    Sent from my SM-G935F using Tsikot Forums mobile app

  7. Join Date
    Jan 2017
    Posts
    24
    #7
    I was turning right on the intersection from 6oclock turning right to 3clock. The bike came from 9clock going straight to 3oclock. When I had almost completed my turn the bike slammed into me almost parallel from behind to the left, he hit my left fender skidding forward all the way past my bumper that's why the dash cam couldn't get him until point of impact...

    Just to add my dash footage clocked in my speed at 10kmh at time of impact. And while I didn't see him until impact his police report statement records that he'd already seen me 50meters away. If he was running at the speed limit of 40kph that averages out to 11m/s meaning he had nearly 5 seconds to avoid a collision but instead chose to barrel through the intersection at speed...

  8. Join Date
    Mar 2008
    Posts
    54,625
    #8
    Quote Originally Posted by Ddlord11 View Post
    I was turning right on the intersection from 6oclock turning right to 3clock. The bike came from 9clock going straight to 3oclock. When I had almost completed my turn the bike slammed into me almost parallel from behind to the left, he hit my left fender skidding forward all the way past my bumper that's why the dash cam couldn't get him until point of impact...
    you have two left fenders, po. is it the front, or is it the rear fender, that bike hit?

    it seems, you did not see the bike...

    is the intersection a big one, or is it a small one? how many lanes? could the bike have been hidden from your view, by something?
    were you making a sharp turn? were you driving fast?
    how's your visual acuity? do you need corrective lenses? were you talking with someone, during the maneuver?

    the bike should have fallen to its left, if it were an inanimate object. but as there was a person semi-controlling it...

  9. Join Date
    Jan 2017
    Posts
    24
    #9
    Front left fender, it was a slow turn my dash cam clocked me at 10kmh at the time of collision, it's a 4 lane intersection..

  10. Join Date
    Jan 2017
    Posts
    24
    #10
    Not dark at all sir i can be seen from outside right print your face against the glass, and this was 7am in the morning, good visibility all around..

  11. Join Date
    Mar 2008
    Posts
    54,625
    #11
    it would appear, you were way ahead of the bike.
    it seems to me, the biker saw you, but despite enough time and distance, did not do anything to avoid you.
    so, what's the problem?

  12. Join Date
    Jul 2013
    Posts
    7,325
    #12
    Just my opinion... Fender yung tinamaan syo, if sana pinto may argument... Likod, panalo ka.

    But still since he's a motorcycle rider, talo pa din tayo (cars)... Papagamot mo manlang plus (if you're lucky) pantaxi nya pauwi...

    Honestly, naiinis ako sa Pinas and US where the car behind you expects you to turn right kahit red on an intersection kapag nasa right most lane ka.

    Sa countries driving on the left side, red is red kahit turning left ka.

  13. Join Date
    Oct 2012
    Posts
    27,624
    #13
    how dark is your driver side tint?

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  14. Join Date
    Oct 2012
    Posts
    27,624
    #14
    the canvass na if meron cctv na naka tutok sa impact location?

    pwede kaya pacheck ang Mc rider history? baka puro sya violation...

    Sent from my SM-G935F using Tsikot Forums mobile app

  15. Join Date
    Jun 2012
    Posts
    1,488
    #15
    I was making a legal right turn on red and the mc is arguing he had absolute right of way because he was green
    Ang nakikita kong sign sa mga intersections is "turn right when clear with caution'. Meaning, ikaw ang yield. Right of way ang traffic from 9 o'clock.

    The same reason that some intersections have the sign "no right turn on red".

  16. Join Date
    Jan 2017
    Posts
    24
    #16
    I did yield, if not I wouldn't have been at the point where I was almost parallel to the road already.

  17. Join Date
    Oct 2002
    Posts
    10,819
    #17
    Quote Originally Posted by Ddlord11 View Post
    I did yield, if not I wouldn't have been at the point where I was almost parallel to the road already.
    no you did not. if you did then you would'nt be there. if you did yield you would still be at the corner waiting for traffic to safely pass.
    Last edited by yebo; June 22nd, 2017 at 10:20 AM.

  18. Join Date
    Jan 2009
    Posts
    6,455
    #18
    I have a couple of questions:

    1. I'm confused, is the other party a motorcycle (MC) or a bicycle?
    2. If I understood correctly, the MC or bicycle came from an inner lane of the perpendicular street when suddenly, he switched to your lane as you're concluding your right turn at the outer lane, causing the collision?
    Last edited by oj88; June 22nd, 2017 at 11:36 AM.

  19. Join Date
    Jan 2013
    Posts
    1,851
    #19
    Motorcycle ba o bicycle?



    Sent from my ONEPLUS A3000 using Tapatalk

  20. Join Date
    Jan 2013
    Posts
    1,851
    #20
    Wait confirm muna natin kung motor o bisikleta. I think sabi ni TS, bicycle yung nakasabitan nya.

    Sent from my ONEPLUS A3000 using Tapatalk

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