Who is at fault when turning and a speeding car hits you?
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Who is at fault when turning and a speeding car hits you?
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Ok my cousin was leaving the gas station and making a legal left turn and the nearest signal was green but there was a car far away. While turning the lady was basically speeding and rammed right into my cousin's car. The cops were called and the cop ruled in her favor saying that it was her right of way. I understand it might have been her right of way, but her ramming into my cousin, shouldn't that be her fault? Shouldn't she have had the sense to slow down since my cousin was obviously already turning?
I just want to know if it was really my cousin's fault or hers. If it was her fault, what can be done now since the police reports have been filed already? I have a feeling it was my cousin's fault since it was basically her right of way, but its kinda messed up she rammed right into him.
Additional Details
Not only does my cousin have to pay the damage on his car, but hers too, and there is more damage on his car.
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Luna & Lawnboy
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Your cousin's fault for not yielding the right of way to the other party. Why would you knowingly take a left in front of a speeding car anyway. You are asking for an accident.
Where is the point of impact to his car? Depending on what state you live in, you may be able to recover a percentage of the damages.
Edit - NY is a Pure Comparative state. Since the POI is to the right middle to rear, you can argue the other party was at least 30% at fault for the accident. Being a Pure Comparative state, you can file a claim against her insurance company for the amount of her liability. Meaning, they should pay for 30% of the total damage. In Pure Compartive states, you can be 99% at fault for an accident and still recover 1%. |
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Scott H
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Sorry, it's your cousin's fault. You are assuming the other driver even saw your cousin pull out. He shouldn't have turned if there was a car coming. The car that hit your cousin had the right of way. It doesn't matter how fast the car was going. If it wasn't clear, he should have waited. |
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Caitlin
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If I was making a left turn and the opposite light was red and the car wasn't there when I looked because she changed lanes around traffic stopping to let me turn but damages to my car proves she was speeding and she didn't make An attempt to stop and when I saw her I slammed on my breaks and she tore off the whole front of my car even so you could see my engine and pushed the front of my car in and moved me 3 or 4 feet in a 30 mph zone who would be at fault? |
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