Whose fault is the car crash?

Question

My gf was driving about 40mph in a 30mph road and someone pulled out from a minor road onto the major road, she slammed on her brakes and they crashed. Whose fault is the accident and if the other party has a witness saying she was speeding will this affect anything?

Answer 1

I dont believe so because they cannot really prove she was speeding, however, they can prove that the other person pulled out without yielding to oncoming traffic. I would think the other person is to blame.

Answer 2

If it can be proven that your GF was speeding, then both parties will get cited.

The CAUSE of the accident though, was the other driver.  Every state has a line somewhere in their vehicle code that states you may not pull out into traffic until it is safe to do so.

Answer 3

It would depend on the type of insurance you have. No fault insurance could charge both drivers and they can tell how fast and when you applied the brakes by reading the Black Box on newer vehicles. The other driver could be charged for failing to allow right of way or not stopping.

Answer 4

It sounds like your girlfriend is at fault.  The reasons are that, first of all, she hit the other car.  The next thing they will say that if she was going the speed limit she may have come to a complete stop before impacting the person who didn't look both ways before pulling onto the major road.  

Answer 5

The person who pulled onto the road was at fault. However if your girlfriend was "scanning" the road around her, she could have likely avoided the collision. This is one of the reasons I believe both drivers have to be doing something wrong in order for a crash to happen.

Answer 6

The police most likely did a skid analysis which will determine thespeed of her vehicle. If the line of sight of the other driver was such that she /he could see your gf's car, then the other vehicle is at fault, even if your gf was exceeding the speed limit by 10 mph. (if she was driving 80, that would be a different story).

An eyewitness to the speed of your gf is of little use. Most people can not determine the speed of another vehicle between 30 and 40 mph.  

Answer 7

its the other persons fault NOT your gf's and thats the fact

Answer 8

Both drivers did something so they share responsibility for the accident.   The other driver's failure to yield right of way would seem more causative than your girlfriend's speed.  However, if she was going slower, she might have been able to avoid the accident entirely.  i