Car accident, who's fault is it?

Question

me and a few friends are having a debate. If a person stops at a stop sign at a two ways stop and another driver coming from the left does not have to stop but has there turn signal on to turn but does not turn and the driver that stop goes before the driver was suspose to turn and gets hit in the side who's fault is it? We live in GA if that matters

Answer 1

if you get a jury trial then you could have proportional blame assigned, but really both are to some degree at fault. The person in motion also has a responsibility to drive defensively. The person at the stop sign would get the ticket, but the person in motion, if injured, would recieve a lesser compensation due to his own negligence. That's the law sorry you dont like it:
If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.
And by the way, the EDR would record whether or not the moving vehicle had its turn signal on assuming it was a late model vehicle.

Answer 2

OK - given the scenario, the person that was at the stop sign required to be stopped would be the person at fault. Even though it is true that the person turning left did stop, even though there was no stop sign, they were right in stopping to at least make sure that they had enough time to turn left, so oncoming traffic traffic from the other side of the intersection would not hit them.

If the person at that stop sign hits the driver turning left, that Stop Sign Driver would be the one at fault. If the Left Turn Driver hit the Stop Sign Driver, it could go either day, and it would be for the cops to decide. If it was me - I would say that it would once again be the Stop Sign Driver. The Stop Sign Driver is required to wait until all traffic is clear before proceeding.

Answer 3

OK, laws will and do vary from state to state. But overall if you have a stop sign this other vehicle DOES have the right of way. Regardless if this car is turning or not turning. They do have the right of way. NOW the police can or cannot give a ticket and most often won't give a ticket. NOT to the driver with the turn signal on. THIS being only because the turn signal comes down to your word against the other drivers word. BUT a stop sign is NOT debatable. THERE is a stop sign. So if it is shown you did hit him like in the side of the car then obviously there is evidence you did NOT give him the right of way. I know you have or had passengers who can say that he had his turn signal on, but they ARE/WERE YOUR passengers so it is only natural they will support you. Hence police as a rule will not listen to the passengers part. SAME as a red light unless there are independent witnesses it comes down to your word against the other driver. Hope I helped you out here. And sorry bout the accident. AS an afterthought, The insurance company can elct to split the fault like blame the other driver like at 40% or even higher. Thats between you and them. Your agent should be the one fighting for you.

Answer 4

I am not certain if GA has a differing law, but where I live, the person at the stop sign must yield right-of-way to the traffic that has no control device at their intersection. If they had their signal on, that is not considered relevant since the law says you must make a full and complete stop at the sign and be certain the road is clear before proceding. The fault would rest with the driver who had "trusted" the turn signal and entered the intersection without being certain that the car was actually going to make the turn they were indicating.

Answer 5

Well, I would have to say it is the person who pulled away from the stop sign --- it makes no difference if that other person had their signal on in error or not... I was taught a long time ago in driver's ed. that NO one ever has the right of way, maybe we just "yield" that right to another or others... just be careful always and assume nothing... especially if you have kids or loved ones in the car with you... be defensive and alert at all times... you never know what the other driver may do....! We know there are a lot of "nuts" and bad drivers out there on the road...! Good luck in that debate...! (By the way, which side of the debate are you on...? Hehe!) ~Fred~

Answer 6

Turn signals are only an indicator. It is the first driver's responsibility to make sure all is clear before they proceed through a stop sign. Whether or not the second driver has a turn signal on makes no difference; that driver has the right of way and does not lose it by signaling otherwise.

Answer 7

The person who was at the stop sign was at fault because even though the person coming from the left stopped instead of going ahead and turning, the person at the stop sign was suppose to wait on that person coming from the left because he/she was the one in motion.

As you should know, a lot of people don't know the rules of the road and others are just ignorant and have no business driving in the first place, so people should always watch out for themselves as well as others on the roads.

Answer 8

State doesn't matter at all, same principle everywhere. The person with the stop sign is the one required to WAIT until it's safe to go. I would never pull out in front of anyone with a turn signal on, assuming the were going to turn, and the law would not take "Well, he had his turn signal on" as a reason to do so either.

Ever been driving and find you had your signal on accidentally? Ever follow someone for 15 miles with their left signal flashing away?

Answer 9

You're both at fault, only one person carries more fault than the other. The blinker guy is at fault for improper use of a turn signal and that stop sign person is at fault for entering traffic when it wasn't clear & safe to do so, failing to yield the right of way. That's why when you're in this situation, you never leave the stop sign until the moron with the blinker passes you. Never assume another drivers intent...for your safety and theirs.

Answer 10

dugh!!!!!! I would say it is the person using the turn signals fault for the accident.We have to be careful these days and be cautious of other drivers.There are so many careless drivers.
If you go to court just let the judge make that decision and don't worry about it.
I had an accident that I personally do not think was my fault,It had just got dark, what had happened was this car come to a complete stop on a two lane highway to make a turn into a little store.They had no blinker or brake lights,well this elderly lady was behind them and she ran off the side of the road to keep from hitting this car and I ran off the side of the road to keep from hitting it also, and slammed into the back of the elderly lady.So when the police arrived this couple was in the store sitting eating there hotdogs like nothing had happened and they where the cause of this whole reck.But needless to say who was blammed?? ME! The only thing I am thankful for is that no one was hurt.

Answer 11

Dear Friend:

It depends where you got hit and pay attention to what I'm about to say. If a vehicle is hit from the front to where the door starts it would be your fault because the person with the blinker has the right of way.

If your car was hit fron the door back to the rear, it is that persons fault because they should have been in control of their own vehicle at all times. If they couldn't stop it's because they where not paying attention, going too fast or where negligent and forgot to yield to crossing traffic.

If this happens and you where struck about the front of your vehicle and you contest that they had their blinker on and slowed as if the where turning then in that case you can explain it in your accident report and they will be penalized for that and it is possible that you both will share the loss of steps.

Speed limits are posted to safely allow traffic to exit streets and merge with larger avenues and at speed limits posted people can slow and allow others to cross.

As you know ,many people force themselves into making people merge and very often they block lanes and intersections to force people to stop because they feel that they should be a priority and people should let them cross. You can't do that. You cross when traffic allows. If it's too risky to cross then take a right turn, pull into the left lane and go to your next set of lights and pull a u turn if allowed and then you will be heading into the same direction you wanted to to begin with without risking your life and that of others.

This is my best advice to all who read this. Living in Boston teaches you a lesson quick.

Good luck to all...