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my girlfriend was in an accident we were in alley way there r no signs present at all 1 that says 15mph and if my girlfriend was probaly not even doing 9mph and either was the other party but my girlfriend was coming out the alley and the other person was coming in and my girlfriend hit her who was at fault they did not call the police no one was hurt they just changed info

2006-06-24 20:24:56 · 14 answers · asked by Anonymous in Politics & Government Law & Ethics

neither person stopped so i guess no one was paying attention cuzz it is not an alley that is straight it has a little curve or bin an thats where it happned

2006-06-24 20:41:48 · update #1

14 answers

Your girlfriend.
Roadways have the right of way.
Mostly the hitter is at fault...how can you not stop going at 15mph?

2006-06-24 20:27:33 · answer #1 · answered by Oriental Delight 5 · 1 0

Who was at fault depends on a few factors that are not mentioned in your question description. First, most alleys are one-way. The one-way sign is usually posted at the corner, just as you enter the alley. They are one-way because they are too narrow to pass in. So, if the alley was one-way, whoever was going the wrong way is initially at fault.
I say "initially" at fault because there are other considerations to be made. Where did the crash occur? By that, I mean, did the other car actually enter the alley before the crash occurred, or did your girlfriend's car exit the alley first? When answering this question, keep in mind that it doesn't matter if the entire vehicle exited or entered the alley -- we are only concerned with that part of the vehicle where the point of impact occurred. So, for example, if the front driver's side quarter panel of your girlfriend's car impacted the front grill of the other driver's car, and those parts of the cars were inside the alley, then the crash occurred inside the alley. If, on the other hand, those same parts collided outside the alley, even though the vast majority of your girlfriend's car was still in the alley, then the crash occurred on the street outside the alley.
Earlier I said that the person going the wrong way was initially at fault. But if a safe driver in the other driver's position, keeping a careful lookout, should have seen the wrong-way driver coming in time to avoid the crash, they could be held at least partially liable for the crash (depending on what state the crash occurred in).
Bear in mind that who is ultimately held liable for the crash will also depend less on the actual law than it will on their insurance companies' policies in these matters. Assuming they both have insurance, the insurance adjusters will decide who's at fault.
And with no witnesses and no police report, it's open season for liars. For example, Farmer's Insurance will try to hold the other driver at least 10% at fault, regardless of reality, in every single car crash case. So, for example, if you're at a dead stop at a light, and you get rear-ended by a drunk driver who's insured with Farmer's, Farmer's will try to say it was at least 10% your fault. Allstate will side with their own driver's story, regardless of reality. So, in that same example, if the drunk driver is insured with Allstate, and he claims that you inexplicibly slammed your car into reverse and hit the front of his car with the back of yours at 50 miles per hour, they'll deny your claim and make you sue him to get your money.
So without additional facts, we can't really say who will definitely be held liable -- there are too many unknown variables. We need to know where the point of impact was on the street, where the point of impact was on the cars, if there where witnesses, and what insurance companies are involved. But hopefully you know the answers to these variables, and the information I've given you can help you to predict what their insurance companies will decide.

2006-06-25 07:39:58 · answer #2 · answered by Jimmy the Saint 2 · 0 0

One simple rule to remember is minor yields to major. This means the alley driver must yield to the driver on the road, just as someone on the access road of an interstate must yield to an exiting car from the interstate. In this case it would be your g/f especially if she couldn't stop when doing only 9mph. One thing to make sure of though is regarding no-fault states. In those neither party is considered at fault (doesn't mean you can't be ticketed) and each party must pay for there own damages.

2006-06-26 00:40:46 · answer #3 · answered by caffeyw 5 · 0 0

When exiting onto or entering into a roadway you are supposed to yield in the absence of signs. So it depends on where the accident was at. If it was ion the street she is at fault if it was in the alley the other driver is likely at fault.

2006-06-25 03:32:02 · answer #4 · answered by nagurski3 3 · 0 0

In situations like this, it's everyone's fault because you have to pay extra attention in alleys and if you can't stop your car going 9 mph, you're obviously not paying attention. Basically both people have a right to be in the alley. But both have to be extra cautious.

2006-06-25 03:30:12 · answer #5 · answered by rkallaca 4 · 0 0

A vehicle exiting from an alley must yield to all other traffic. Your g/f is at fault. The speed is not a factor.

2006-06-25 04:09:29 · answer #6 · answered by Bostonian In MO 7 · 0 0

The person entrering the alley would be at fault

2006-06-25 04:00:52 · answer #7 · answered by Anonymous · 0 0

They are at fault 50/50, unless one of them was further out than the other, they both smacked into each other at the same time, or was one stopped.

The one who was stopped I would imagine would be the one who is less at fault.

2006-06-25 03:28:17 · answer #8 · answered by Gary 3 · 0 0

Technically, your gf had the right of way since she was proceeding in a straight line. The turning vehicle is suppose to proceed with caution.

2006-06-25 07:39:12 · answer #9 · answered by sammyk 3 · 0 0

I can't say what the laws are in your state, but here if it's under a certain dollar amount in damage, and no one is hurt, you can do that. However, check with your local P.D. and your insurance, they may be able to help better.

2006-06-25 04:09:31 · answer #10 · answered by rinehartstacy 2 · 0 0

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