Accident and whos fault? - Nissan Frontier Forum
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#1 (permalink) Old 12-11-2012, 02:45 PM
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Accident and whos fault?

So the other day i got into a car accident. i will give you an imagination of how the streets are. i live in a cul de sac, street name? lets call it Street Red, so down the road its a T section which meets up with Blue Street. To take right will lead to another cul de sac and going left you will meet an intersection in about 40 feet. Still in a residential area so 15 mph all around or better yet 5 mph cause there is always kids outside. so that street thats intersecting Blue street is called green street, which is just right behind my house. the accident happen at the T section.

So i stopped right before blue street. looked both ways so it was clear, So i started to pull out and still turning left , then i saw a fast incoming red camry heading for my cab. So i reacted as fast as i can by steering right and pressing the gas, trying to avoid her, giving her space and hoping that lady would slow her *** down and go right but no she didnt, she didnt even reacted at all and straight into my rear tire and still going and stopped 30-40 feet away from me.

so it ended with my truck thrown and facing the intersection with my tires turned right and my axle shifted causing the leaf spring to break and it pull out the drive shaft from the transmission and breaking the drive shaft bearing so obiviously she was going fast to do some damage like that . Im mad as hell cause i got a some huge damage compare to her which was only her bumper . the lady in the other hand had no license and was speeding.

so whos fault do you think it is?
Cop said it was mine cause i didnt stop or yeild to her but in other hands she wasnt on that street at the moment which was cleared at the moment
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#2 (permalink) Old 12-11-2012, 03:40 PM
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If you made a left in front of her it is your fault.

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#3 (permalink) Old 12-11-2012, 03:48 PM
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You entered her path, you are at fault.

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#4 (permalink) Old 12-11-2012, 03:56 PM
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Originally Posted by invasion08 View Post
If you made a left in front of her it is your fault.
Agreed. The fact she was driving with/without a license and may/may not have been speeding do not change the fact you failed to yield -- Legally. Morally she was an idiot to be driving too fast (most residential is 25MPH unless posted otherwise) and from the sounds of it did little to avoid the accident.

I understand you may not have seen her in time, or didn't have enough time to react -- this is why they are called accidents. Sucks that this happened to you, hopefully you carry good insurance for this very reason. Post some pics.
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#5 (permalink) Old 12-11-2012, 04:22 PM
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depends on state law...if she was licensed it would be your fault..but in texas, it would be her fault for driving without a license.

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#6 (permalink) Old 12-11-2012, 04:24 PM
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Hi: CREATIVE... This was no accident... it was a collision. The vehicle turning is always guilty, no matter how fast the unlicensed other driver was going. She was negligent in not doing everything she could to avoid the impact... but then so were you.
Sorry to be so blunt but one or both of you could have been DEAD RIGHT!!!
Here in Ontario we have no fault insurance so your co. fixes your vehicle and the other drivers ins. fixes her car. If the Police lay charges that's another matter. The insurance co. will pin the blame on someone and adjust your rates to boot!!! No one wins except the insurance co.
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#7 (permalink) Old 12-11-2012, 04:26 PM
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Yep it does suck, but legally it is your fault. Since it is leagally your fault, you are stuck with the insurance bill to cover both cars. Did the cop at least acknowledge the issues with the other driver? Tickets for no drivers license, speeding?
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#8 (permalink) Old 12-11-2012, 05:31 PM
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hate to say it but your at fault

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#9 (permalink) Old 12-11-2012, 05:36 PM
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Bottom line is the intersection was NOT clear and you pull in front of her. If it was clear you would not be in this situation.
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#10 (permalink) Old 12-11-2012, 06:04 PM
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First question, is there a stop sign on the street you were turning from?
If not, then here where I live the law is written that at an uncontrolled intersection you must yield to the person on your right. I gather from your description of the incident she was coming from your left. If that were the case here she would be at fault.
If there is a stop sign on the street you were turning from, or there isn't and she was coming from your right then you would be at fault for failing to yield. Check with the motor vehicle department what the law really is and how it pertains to you in this matter. You might have a leg to stand on, ya never know, depends on where you are and how the rules are written.
Did she have no license or just not have it with her? If she has no license at all then her, or the car owner's if not her, insurance would be invalid here. You may have a leg to stand on there as an unlicensed driver shouldn't be on the road to hit or be hit by you in the first place. In that case I would take it to court, sometimes the judge will rule on the side of common sense. The worst could happen is you wind up no better than you are now.

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