If i have the right away whos fualt is a accident?

Question

i was drivin down the road and someone at a stop sign on the right of me who is at a stop sign goess when it is not safe and i hit him on the left side of the car by his tire who is at fault for the accident

Answer 1

the right of way does not mean the right of throw your car on someone else .

ask Yourself . did You?

Answer 2

The last person to act that  could have avoided the accident.

In the North east, it is often understood that  if a car is hit behind the drivers door, it was the one who ran into the car.

If you failed to take an action that could have avoided the crash, it was yours. In some states (Nebraska for instance) if you fail to let a car enter the road safely, it  was your fault.

In any case it is the for the judge to decide.

Answer 3

Right of way laws are written in such a way that they do NOT give any vehicle the right to any particular part of the road way.  They are written so as to determine which vehicle should YIELD the right of way.

So, even if a person fails to yeild, and is, therefore, in violation of a traffic regulation, the "right of way" law does not give you, in this case, the right to run right into him.  If it is determined that there was a way you COULD have avoided the collision, then the law requires that you SHOULD avoid the collision.  In other words, you could BOTH get a citation and, it is possible that your own insurance company my assign partial responsibility for to you, for the collision.

So, a lot will depend on how the investigating officer and the insurance company see the situation.

Answer 4

You have to watch, because you NEVER actually HAVE the right of way unless it's given to you.............it may be obvious to you that the other driver has a Stop Sign, but you can't read the other driver's mind, right?

Always scan when approaching intersections, and cover the brake if anything looks the least bit suspicious.

You will make mistakes too during the next 50 years of your life while behind the wheel of a vehicle, and so, don't get too self-righteous..............hmmmmmm?

If the other driver had a Stop Sign and you had the right of way (no signs), then the other driver would be at fault.

Answer 5

i think they might do a comparative negligence claim with this one.. meaning that the fault will be split.

the other driver failed to yield the right of way... but you hit him behind his drivers door, which usually means you had enough time to stop or slow to avoid the accident.

let the insurance companies battle it out.

Answer 6

if you didn't have a stop sign, he would be at fault...

Answer 7

Same thing happened to me.  If you did not have to yield right of way (no stop sign, no stop light, nobody on a crosswalk, etc, etc) and someone pulls out from a position where they have to yield right of way, then it is their fault.

Did a police officer write a report for the accident?  I'm guessing not, because usually fault is determined so let the insurance companies battle it out.  File a claim to their insurance and if he files one to yours, be sure to describe the accident exactly as you have here to defend yours & your insurance's interest.