Who is at fault? Car collision...?
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Who is at fault? Car collision...?
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Yesterday, I got into a car accident at an intersection. I was going straight on the left lane, there was a lady on my right further ahead than me, and there was a car waiting to turn left from the other side. The car that was waiting started to turn, and the lady that was ahead of me in the right hand lane stopped in the middle of the intersection, causing the car that was turning to stop right in front of me, which in turn caused me to run right into him (I tried to avoid it, but it was too late. I hit the brakes, but my car skid and hit him anyway). There was barely any damage to my car, but his car was in pretty bad shape since I pretty much T-boned him. I need to know who was at fault in a case like this, and also, if he was 17 and driving with a minor in the car, is there anything I can do? I just read the DMV handbook and it says that he should be accompanied by a driver who is 25, and with a valid California driver's license, who would be able to take control if anything were to happen, and also, that if he saw that there were cars dangerously close to him, he should've never even started turning. It was too late for me to stop, and the light turned yellow as I entered the intersection, which means I still had the right of way. What can I do if they decide to take me to court? His mom called me last night and left me threatening messages telling me she knew where I lived, etc... By the way, I have a clean driving record and have been driving for 7 years, whereas the kid I crashed into had been in another car accident 3 days ago, which had caused his trunk to stay open (he had it tied with twine). PLEASE HELP ME!
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CwboyBill
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Your fault -- 'failure to maintain safe operating distance'. |
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UCANTCME
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From what you are saying this would be his fault completely and as for him driving without someone that is 25 years of age.....the law will take care of him and all you need to do is let your insurance company handle this and don't worry. |
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fleepflawp
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It sounds like it was both the turning kids' fault and (possibly) the woman who stopped's fault. If you're talking about going to court, whoever is REALLY "at fault" is up to the jury and what they decide based on all the facts, testimony and physical evidence. If you want to take them to court, or if they end up taking you to court, you may want to get an attorney--but if you have insurance (PLEASE tell me you have insurance!) they have a duty to defend you in any civil action resulting from a motor vehicle collision.
what did the police report say? (i assume, and hope, someone called the police to get a report?) This is often very helpful in sorting out what happened. It isn't conclusive in a court of law but if it truly wasn't your fault--and often even if it was--it is invaluable to have a police report of the incident.
If he was 17 and driving with a minor in the car, that's not your concern. That's a regulatory statute that has nothing to do with liability for an accident. It might prove helpful as evidence of negligence per se in the event that you sued him, but you can't initiate prosecution or do anything directly based on that.
good luck! |
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