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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111568
Experience:  Attorney with over 24 years of law and traffic law
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I have a very specific question that I can't search online.

Customer Question

I have a very specific question that I can't search online. I am entering a green light at a four way intersection. One lane road in all directions. There are multiple cars across the intersection turning left, which I want to do as well. First car turns left across from me turns left and i begin to turn left as well. As I am in the process of turning, a separate vehicle across the intersection passes the cars looking to turn left and hits me. Am I right to assume that he is at fault for passing on the right and entering an intersection blindly where I am already turning left? Or am I still (somehow) supposed to yield to him even though I can't possibly know he's there?
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, in MA this is called comparative negligence in a civil action. The vehicle going straight on the same street (which is how I see your description above and please use REPLY to correct me if I am wrong) has the right of way over any turning vehicle. So if he was going straight on same street you failed to yield and would be wrong as the turning vehicle. HOWEVER, if he passed on the wrong side, he is also partially liable (civilly, I will address traffic citation below) and it is called comparative negligence so if you can show he was more than 51 percent at fault he could not collect, similarly if the court finds you more than 51 percent at fault (not likely from your description) then you could not collect. This is a factual issue for a court to determine, it is not described specifically in the MA general laws.
As far as a traffic citation, both you as turning vehicle and him for passing on wrong side can be cited. You could indeed be cited for failure to yield and he could be cited for passing on the right and that would be permissible since you both could be deemed to have violated a different traffic code that contributed to the accident.

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