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you drive up to an intersection and approach a stopsign. you stop. there is a cop that just went through the intersection so you HAD to come to a complete stop. As the cop passes and the road is clear, you see in the distance an oncoming car from the right traveling at a high rate of speed. Since it looks clear, you move forward through the interserction. The car approaches so quickly, he hits you in the upper right hand corner of your car causing an accident. According to the law, the person who hit the car that was stoped and moved through the intersection had the right-a-way. Which makes the one that was hit, in the wrong. The driver that was hit has a suspended license. No one was cited or given a ticket on the scene. No one was hurt. All parties were told to go home. All parties had their cars towed to their homes. What happens next?

2007-02-28 08:39:23 · 6 answers · asked by annonymous 1 in Politics & Government Law Enforcement & Police

6 answers

If the other driver did not have a traffic control device (stop sign), the driver who entered the intersection who did have one, is at fault. There may be contributory negligence in your state for speeding but that does not negate the "failure to yield" of the driver who had the stop sign. A ticked should have been issued.

Either way, the suspended driver could be found liable since they were illegally driving and there would have been no accident had they not been driving.

The police report will go to any involved insurance companies and suit could be filed in civil court.

2007-02-28 08:50:41 · answer #1 · answered by ©2009 7 · 1 0

As unfortunate as it is...the drama continues!

First...the suspended driver, if on a main throughfare, has the right of way. The driver at the stop failed to yield to on-coming traffic.

Even though the driver may have been speeding and suspended those issues are considered "secondary" to the cause of the accident....the "primary" reason for the accident being the failure to yield.

Because the suspended driver was just that...most likely his insurance company will say he was not insured...although the car may have been!

This is a situation where you will most likely be at the mercy of your insurance company and policy where you're covered under the "uninsured motorist" section of the policy.

Insurance companies will argue between themselves to assign a percentage of fault and settle the claim based upon their conclusions.

You always have an option of filing a civil suit against the other driver for violating the law to start...with your legal argument that had he been in compliance with the law to start...the accident would have never happened.

Best wishes!

2007-02-28 09:13:33 · answer #2 · answered by KC V ™ 7 · 0 0

The car that was stopped at the stop sign is required to yield to the right of way, that's why there is a stop sign. If they pulled out in front of another car they are in the wrong, you are right about that. If they had a suspended license, they were technically at fault no matter what, they should not have been driving at all. In Ohio they should have gone to jail. What happens next is that the car that was hit by the stop sign runner is probably screwed on their insurance because it sounds like there is no real police report and the suspended license driver obviously had no insurance. They need to contact the police about a police report.

2007-02-28 08:49:11 · answer #3 · answered by smoothie 5 · 0 1

You will be picked up by the police, or receive a summons in the mail, to face a criminal charge.

Your insurance will probably not pay, if you are found to be at fault for the accident, and you will be stuck paying for any damage or injuries.

2007-02-28 08:45:54 · answer #4 · answered by Peter 3 · 1 1

they have been all hilarious!!!heavily, the place do you get those from?(i do no longer expet the magician to disclose his tricks, in spite of the undeniable fact that it grow to be extremely worth a attempt, *sigh*)..anw, shop 'em coming..and that i enjoyed the final one the suited..hilarious..

2016-11-26 20:49:21 · answer #5 · answered by ? 4 · 0 0

both broke the law both will pay the concequences.
it's obvious

2007-02-28 09:01:40 · answer #6 · answered by WO LEE 4 · 0 2

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