Auto Accident Question..

Jack · Post by **Jack** » Sat Apr 29, 2006 12:34 am

Anyone know how to determine fault in an accident??

My son was making a left hand turn. The woman whose car hit him was speeding. I don't know but don't believe a citation was given at the scene.

POSITIVE NOTE: Noone was hurt, Everyone wore seatbelts!!

Here is the scenario..

It looks like his 1994 Honda Civic is totalled. He was making a left hand turn onto a 25 MPH road. He was coming from a driveway, so we know he could not be going fast. He states he was 2 feet from a stopped position.

He was hit by a 2006 Toyota Highlander. The Highlander's passenger wheel was bent and the wheel bearings came off, the entire front bumper was ripped off.

My son's car was hit in the driver's side front and the car was spun around 180 degrees.

My (unprofessional estimate) is that she were going at least 45 MPH.
There is no way there would be this much damage going 25 MPH.

So, Is my son at fault for entering traffic or if it is determined that this woman was speeding, would she be at fault??

**

Another Positive: My son handled this crisis situation like a man. He knew that the most important thing was that noone was hurt, he had all of his paperwork (Veh. Reg, Ins.), He contacted Me. He gave the report to the Police...

**but back to the question.. Are you automatically at fault for entering traffic? Or is a speeding vehicle automatically at fault? Or is this a double fault situation?

Luther · Post by **Luther** » Sat Apr 29, 2006 12:41 am

It doesn't sound like the accident was investigated by the police. There are several insurance guys here on the board that could give you some insight into how the insurance companies deal with accidents that aren't investigated.

Many probably split up the blame to some degree. Your son making the turn obviously violated the right of way of the Highlander. If I could have a nickel for every time I heard from the offending driver that the other car was "speeding" then I'd be living in Maui.

Rip City

Taint · Post by **Taint** » Sat Apr 29, 2006 12:43 am

Christ, how much of a fuckup is your kid and why are we raising him?

al? · Post by **al?** » Sat Apr 29, 2006 12:44 am

Only thing more of an automatic 'at fault' scenario than a left turn is rear ending someone.

ChargerMike · Post by **ChargerMike** » Sat Apr 29, 2006 12:51 am

...I'm sure Luther is right. Even though the Lady was speeding, it's the age old story and nearly impossible to prove. Glad to hear your Son was ok.

Wolfman · Post by **Wolfman** » Sat Apr 29, 2006 12:57 am

If you were insuring your son's vehicle on
your policy--expect it to be terminated
-- been there--done that !

tough love · Post by **tough love** » Sat Apr 29, 2006 1:25 am

No Expert; but from what you stated, your son was exiting a driveway onto a right of way, which places him 100% at fault, which in this neck adds up to having to pay the full deductable plus some de-merit points which result in higher premiums, plus a traffic ticket or two.

The other vehicle speeding if proven, places fault upon that driver as well, but does not excuse the driving error your son committed.

Some lessons are learnt the hard way, and thankfully in this close call which could of ended a whole lot worse, your boy hopefully for his sake and the sake of others, becomes a more attentive driver because of it.

Bobby42 · Post by **Bobby42** » Sat Apr 29, 2006 1:38 am

Also glad your son wasn't injured. The other driver had legal use of the roadway (speed can't be proven) and your son entered the roadway which caused the accident. Again, glad he's OK

Jack · Post by **Jack** » Sat Apr 29, 2006 1:52 am

Thanks for the replies!!

Well, at least 6 of them!!

smackaholic · Post by **smackaholic** » Sat Apr 29, 2006 2:07 am

Sounds like your son basically fukked up big time. He pulled directly into her path. If she had been going the speed limit, she might have been able to avoid him, but, it is not her responsibility to avoid some maroon pulling directly into her path.

Glad to hear everyone is fine though. Cars can be replaced, especially 12 year old pos civics.

Jerkovich · Post by **Jerkovich** » Sat Apr 29, 2006 2:42 am

My son was making a left hand turn

Failure to yield. Case closed.

Jack · Post by **Jack** » Sat Apr 29, 2006 3:00 am

Jerkovich wrote:
My son was making a left hand turn
Failure to yield. Case closed.

Okay,, I got it the first 6 times...

This response is becoming Glass Dick!!

BBMarley · Post by **BBMarley** » Sat Apr 29, 2006 3:24 am

I am one of the so-called insurance guys.

Alot of other factors to be considered. Your Insurance company will send an investigator out to the scene- review the circumstances and make determination. Depeneing on what is on the police report- they may be able to puit it on the other woman.. but if she was not cited it may end up being 50/50 at best

What exactly did the officer put on the report?

Jerkovich · Post by **Jerkovich** » Sat Apr 29, 2006 4:27 am

Jack wrote:
Jerkovich wrote:
My son was making a left hand turn
Failure to yield. Case closed.
Okay,, I got it the first 6 times...

This response is becoming Glass Dick!!

Ken · Post by **Ken** » Sat Apr 29, 2006 6:29 am

Jack wrote:It looks like his 1994 Honda Civic is totalled.

Whatr, did the volume knob fall off at impact?

Mister Bushice · Post by **Mister Bushice** » Sat Apr 29, 2006 7:33 am

Jack wrote: He was hit by a Highlander.

Connor Macleod?

Carneliat · Post by **Carneliat** » Sun Apr 30, 2006 8:28 am

^ There can be only one.

If the Toyota's air bag never went off then the vehicle was never going more than 30. And if he got hit in the drivers front of the car while turning left then he pretty much hit the Toyota and not the other way around. Or he second guessed, braked part way through the intersection and got smoked.

Derron · Post by **Derron** » Sun Apr 30, 2006 5:16 pm

If the Toyota's air bag never went off then the vehicle was never going more than 30.

That is complete bullshit.

FTY on the kids part. You could have a private forensics / telmentery investigation done, ($ 3K min) and that would give you the speed of the other car reasonably well.

But since property damage is minor, no injuries it's he said she said.

ADAM · Post by **ADAM** » Sun Apr 30, 2006 5:39 pm

Bobby42 wrote:Also glad your son wasn't injured. The other driver had legal use of the roadway (speed can't be proven) and your son entered the roadway which caused the accident. Again, glad he's OK

"Look left right left again" never goes out of style..........

XXXL · Post by **XXXL** » Sun Apr 30, 2006 10:36 pm

Comparative negligence is often applied in auto accident cases where it is later determined that the vehicle operators were partially responsible.

The lady woud be partially at fault for operating at an unsafe speed.

Your son partially at fault for entering a roadway without absolutely making sure it was safe to operate at that time.

Lady 50-75%
Son 25-50%

And this is w/o the benefit of reviewing the evidence.

T1B

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