Whose fault would it be if car 1 was @ a stop sign. Car 1 stopped @ the stop sign then after looking both ways and seeing it's safe to cross, car 1 crossed the intersection more than 3/4 of the way when car 2 (coming from the right) hit car 1's bumper. After car 2 hit car 1, car 1 spins and hits a parked car. Whose is at fault car 1 or car 2?
2007-09-17 11:40:16 · 14 answers · asked by Anonymous in Cars & Transportation ➔ Safety
The police will actually make the determination of whose fault the accident was. Get a police report and then go after the accident faulter's insurance company.
2007-09-17 11:49:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The only way to correctly answer this question correctly is to look at your state law.
The police does not determine fault in any state. Their job is mainly to report the incident. A ticket does not attribute fault, but it is only evidence that can be rebutted in a court of law. (Happens all the time).
You have to analyze the negligence on both drivers. Car 1 could not possibly see that it was safe to go because an accident actually happened (it was not safe). Most states put an affirmative duty on the drivers pulling out of a stop sign.
You need to find the Annotated Code or the Traffic Rules Code for your state. Many statutes read: when a driver is ABOUT to enter an intersection from a stop sign, he/she must yield the right of way. The arguement here will be: Were you about to enter or where you already there?. 3/4 is considerable, but that is a question for the claim adjuster or the judge.
In the other hand, the vehicle coming on the other lane has a duty to look out. They must pay attention. If they hit a car that is 3/4 past them, there is evidence of their failure to see this vehicle infront of them.
This case will probably will be a split negigence situation.
Visit: http://www.auto-insurance-claim-advice.com for more about how to determine fault.
The next thing you should be aware of is the jurisdictional basis of negligence. Some states (like South Dakota) will bar any recovery if a driver is sligthy negligent (1%). Other states like North Dakota will make the party 51% to pay the entire damage. Others will deduct the other party's negligence from their own.
The parked car is negligence free (unless the car was parked illegally). So what ever negligence is attributed to each party, they might have to pay that percentage to the parked car. Again, it all depends in the jurisdiction.
Good luck.
2007-09-18 16:08:43 · answer #2 · answered by hequiroga 2 · 0⤊ 0⤋
Sounds like car 1 to me. Apparently it wasn't safe to cross the intersection after all if car 1 was hit while crossing the intersection and car 2 had the right of way.
2007-09-25 18:40:15 · answer #3 · answered by Jackolantern 7 · 0⤊ 0⤋
It seems like it would be car #2 if there was a stop sign in the intersection for them. If there wasn't a stop sign that car #2 had to stop at then car #1 would be at fault.
2007-09-17 18:49:13 · answer #4 · answered by ♥☺ bratiskim∞! ☺♥ 6 · 0⤊ 0⤋
car 1
2007-09-24 23:59:19 · answer #5 · answered by Jay Bailey 3 · 0⤊ 0⤋
if car 1 has the stop sign and car 2 has the right of way meaning no stop sign most of the time it is car 1's fault. Failure to yield right of way....
2007-09-17 21:15:48 · answer #6 · answered by Lupita D 1 · 0⤊ 0⤋
unfortunately car 1 is at fault for both damages to car 2 and to the parked car.Its called failure to yield the right of way to car 2.Hope you have good insurance most likely the premiums our going to go up also.good luck
2007-09-17 20:31:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would say that car 2 is at fault there.
2007-09-17 20:19:42 · answer #8 · answered by what u talkin' bout? 7 · 0⤊ 1⤋
Ye who did not get thru the intersection is unless you can prove that the other car failed to slow or stop intentionally.
2007-09-18 06:13:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
AS LONG AS CAR ONE HAD A GREEN CAR 2 IS AT FAULT FOR THE WHOLE THING .
2007-09-25 17:33:43 · answer #10 · answered by Anonymous · 0⤊ 0⤋