My 16yr old was involved in an auto accident. She was going straight on a highway and another car was making a left turn and turned in front of her causing my daughter to hit her car. The other driver was issued a ticket for careless operation. A car behind my daughter was a witness to the accident along with a passenger with my daughter. The driver at fault was a 78 yr old lady that was with her 80 yr old sister on their way to a casino. They are fighting the ticket saying that my daughter was speeding and didn't even use her brakes because there were no skid marks. This was 8:30 pm and it was dark. They are also claiming that the elderly sister had injuries. But, when I asked if they were ok, they did mention the sister bumped her head on the window upon impact but she was ok. They also stated that she had an aneurism(sp?) 4 mos before. The police report states that my daughter was doing the speed limit and that the driver behind her did see her brake lights. Can they win?
2007-04-05 14:48:22 · 11 answers · asked by K T 1 in Cars & Transportation ➔ Insurance & Registration
Yes, because a tort suit is not about who is right or wrong, but who is most convincing.
2007-04-05 14:52:16 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You should win and small claims them for time and cost.
Can a driver in the wrong win, yes. You didn't have a valid liscense or registration. They win. lack of insurrance seems to get you to these days
A friend was at a stop light and got rearended. His car was pushed into the next one in front by the impact. he had a manual transmision and the at fault driver said his brake lights were not on. He was cited for negligence and successfully sued by the driver of the vehicle his car was pushed into. We all thought that was crap.
get a lawyer and protect your daughter from old people who probably should not be driving anyway.
ASE Auto tech 30 years
2007-04-05 22:02:17 · answer #2 · answered by Anonymous · 1⤊ 0⤋
they can take her to court and try to sue but i doubt they will win if your daughter was not at fault they dont have a leg to stand on they are claiming she was speeding and no skid marks from stopping well the police said she was not speeding and as for the marks there may not have been time to put on her brakes they turned in front of her>>> there is no law that says if someone turns in front of you while you are doing 50 miles per hr dwn a road you have to stomp your brakes and leave a skid mark its human nature and reaction tohit the brakes so im sure your daughter did that... i say dont worry about it
2007-04-05 21:55:20 · answer #3 · answered by crazyme 5 · 0⤊ 0⤋
They can sue. They likely wont' win anything, but they can sue.
Just give the claim to your insurance company. They will take care of it. That's what you pay insurance for. They likely already have a case number if you've reported this before.
As for no skidmarks, that doesn't mean anything. Your kid's car could have anti-lock brakes. :)
2007-04-06 01:26:44 · answer #4 · answered by Kasey C 7 · 1⤊ 0⤋
No way. The other driver was at fault, so she's responsible.
They probably just want money for the casino.
2007-04-06 00:08:52 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Yes she can win. Doesn't make it right. I'll give you an example: a burglar breaking into your home is injured while doing so--you are liable for his injuries. And people say we don't need tort reform.
2007-04-05 23:46:00 · answer #6 · answered by bundysmom 6 · 1⤊ 0⤋
it is highly unlikely that the claimant will prevail. Besides the aforementioned ABS comment, it is apparent that an eyewitness saw your daughter apply her brakes. let the insurance company worry about it.
2007-04-06 12:59:38 · answer #7 · answered by attorneyscott 2 · 1⤊ 0⤋
No they shouldn't be able to win, but make sure you keep a record of what happened and who that witness was.
2007-04-05 21:53:01 · answer #8 · answered by LegendMan 5 · 0⤊ 1⤋
Of course. This is America. Anybody can sue anybody for anything
2007-04-05 23:16:28 · answer #9 · answered by MARK S 2 · 1⤊ 0⤋
No they can not. Any smart judge will see that this is there way to get more money. Make sure you get your check from there insurance.
2007-04-05 21:59:00 · answer #10 · answered by lilbitt_637 4 · 0⤊ 1⤋