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Old 02-15-2005, 03:02 AM   #19
daytona
6th Gear Member
 
Join Date: Jan 2002
Location: Toronto
Posts: 2,721
The problem is that the other driver was already in the turning lane and from the BMW position it was in a tatical turn(avoiding on coming traffic while waiting to merge)..he(other driver) does have the right of way by law since he was already with the flow of the traffic while the BMW was "attempting to merge" even though it was shared turn lane..he could make a case that the BMW didnt wait until the turn lane was cleared when he entered it.He could say your car was still in motion when you attempted the merge,its your word against his....my GF cousin is a cop...I ask him about this a years ago about shared turn lanes...he mentioned that a car trying to enter a shared turn lane is always considered the at fault even if the other driver was speeding or using it as passing lane,the only way to disprove this is witnesses...all cars turning into traffic MUST yield the right of way.....
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