My sister got into an accident. Was it her fault? Here are the details......?

yes_its_me

Your sister is up a creek without a paddle. She entered traffic which had the right of way and since she was hit in the left side instead of the rear obviously was way too close to the oncoming car. It is pretty hard to prove that the other driver was speeding since it usually is here word against your sisters. If an accident report was taken by the police, than there would be a reference to the speed and/or the skid marks left by the vehicle that collided with your sister. It is up to your insurance company and the police to determine who was at fault, but it is going to be difficult to prove a case against the other driver since they had the right of way.

tabithap

It is her fault. She pulled out into on-coming traffic. Sorry.

Ruben E

For the most part the person that was already on the road has the right of way. It was your sisters responsibility to make sure
that all was clear before moving into traffic.

Jeff H

Since she was leaving the gas station, she is very likely to be found at fault.
Be honest with her insurance company so that they can do their best to defend her. They are good at asking the right questions to determine if any of the fault can be deflected on the other driver.
IF she is contacted, refer the caller to her insurance company which is obligated to defend her. Get instructions from her insurance company before talking to anybody.

Angela Vicario

I don't know, it seems she missjudged

Lemar J

Hate to say it, but the accident is absolutely her fault.

She pulled out in front of someone. She didn't wait until she could safely pull into traffic. Now, if the car had hit her on the left rear, or rear of her car, then she might possibly have a case.

Sometimes you are in the right. Sometimes you are in the wrong. Either way, she needs to take responsibility for her actions. And her actions caused this collision.

la428282

It is absolutely her fault.

I had to laugh as i read your "excuses" b/c they are so classic and by the book. Everyone who fails to yield says they "think the other person was speeding" and "they came out of nowhere!"

Unless you had a radar up and clocked the other drivers speed (even then- it is your duty to yield) it boils down to the simple rules of the road. Your sister failed to yield right of way to oncoming traffic.

It happens to everyone- take it as a lesson- accept responsibility- and move on

al b

Sorry, but I vote against your sister, when you look both ways, you have to not only see what is the hazard, but properly assess it's speed and act accordingly. Sounds like she looked, but she didn't see, in other words, she just went through the motions of looking, but she actually didn't see anything.

roady42

People say this as often as a car came outa nowhere and ran them off the road.

Of course it is her fault.
Did the cops cite the other person for speeding?
If not this is the end of the story.

twinjalanugraha

It was her fault because the other driver had the right-of-way, your sister, driving out of a gas station, had no right-of-way...

Dr. DeLight

Your sister is the cause of the accident. If your sister had not done what she did then there would have been no accident no matter how fast the other person may or may not have been driving.

Bridget F

Firstly, thank God both girls survived OK. I bet they will both drive more carefully in future. In this case it all depends if your sister was correct when she figured she had enough time. Even if a car is speeding, you still have to exercise reasonable caution in pulling out into traffic (in UK at least).

You might want to revisit the site and observe other cars pulling out and see how far away on the road cars have to be for drivers to pull out safely.

Your sister's insurance company will probably be happy to make the case for her against the other driver, but she will lose her no claims bonus. Or you could try a no win, no fee lawyer.

Stay At Home Mom

I had to the same thing happen to me but I was the driver going straight. The one turning got the ticket. Your sister WAS NOT CAREFULLY looking both ways before turning. If she did, there would be no accident. It doesn't matter if the other person was speeding. You need to drive defensively.

sleepydo

if your sister got rear end then you might have a case. Getting hit on side usually meant she wasn't being careful.

oluwatobi

your sister should have waited for the cars to go before pulling out. the car you see as if it is far away is just a minute to get to you .

Patt

Yep everyone seems to be right here, where she got hit and the fact that she was coming into on coming traffic..... Her bang up!! and Lesson learned hopefully!!!

stewiegriffin4president

Regardless of whether or not the other car was speeding, if your sister had not pulled out in front of that person, there would be no accident. Hence, your sister is at fault.

Generally, if cars are coming, you should not pull out. You are to wait until traffic has cleared to pull out.

blb

Your sister was at fault for the accident. It is not going to make any difference if the other person was speeding or not.

Chris

Sorry, but your sister is at fault. I am not sure where this happened, but in some states where there is comparative negligence if the evidence (not just your sister saying she came out of nowhere, every person says that, but cars come from somewhere!) supports speed, the insurance may not have to pay all of the claim, but will owe most if not all of the damages. She failed to yield the right of way, this is an absolute liability claim.

jareihart

looks like she figured WRONG!!!
your sister by law was not allowed to pull out unless it was safe...It clearly wasn't! part of the information we take in at a stop sign is the approaching speed of the vehicles in sight she clearly didn't...now she is making excuses cause after all she wants to believe it wasn't her fault...it's your sister...you should set her straight instead of encouraging her to spread the blame around...with that thonking then,it could be your fault, you should have driven her in your car...step up to the plate!!!

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