person X is waiting at a stop sign to make a left turn from a 2 way street to another 2 way street (in a resdential area, speed limit 25 mph). while making the turn, person X gets t-boned by person Y. person Y didnt have a stop sign so he had the right of way but she was doing 40 in a 25 zone. who is a fault?
**POLL**who's at fault (driving)?
- Thread starter Corporate Thug
- Start date
40 in a 25 is speeding, yes, but person X should make sure he (or she) can safely leave the stop sign before doing so.
Yeah, I'll go with person X, although person Y doesn't come out smelling like a rose here since they were speeding.
damn X was stupid, why couldn't he/she look right and left before proceeding. They need to be banned from driving... lol
JK
but yeah, X is at fault
JK
but yeah, X is at fault
Legally X will get the ticket. BUT in civil court X could argue that he could not see Y because of the speed, and MIGHT be able to get out of $$$ damages.
Kinda like if someone pulls out in front of you, and you rear end them. legally you are at fault for failure to yeild, BUT you may be able to deflect some of the damages in civil court.
Kinda like if someone pulls out in front of you, and you rear end them. legally you are at fault for failure to yeild, BUT you may be able to deflect some of the damages in civil court.
My non-binding, non-member-of-the-legal-system, personal, and quite possibly inaccurate opinion:
X is at fault in the accident.
Y's fault of speeding would only be an issue if a) a ticket were to be written for it or b) the speed were classified as reckless driving, perhaps?
X is at fault in the accident.
Y's fault of speeding would only be an issue if a) a ticket were to be written for it or b) the speed were classified as reckless driving, perhaps?
well, in California, there's a line in the drivers booklet that states, if you are already occupying and intersection, and if someone hits you, it's they're fault.
you should look into that, even if Y has right of way, you are already in the intersection, so it's kind of like a grey spot.
and no i did not read it myself, it was taught by the instructor at traffic school.
you should look into that, even if Y has right of way, you are already in the intersection, so it's kind of like a grey spot.
and no i did not read it myself, it was taught by the instructor at traffic school.
Demon-Xanth
Lifer
- Feb 15, 2000
- 20,551
- 2
- 81
Unless there was some sort of blind corner that made it impossible to X to see Y until it was too late for either to avoid it DUE TO Y going that fast, X. is at fault.
Kelemvor
Lifer
- May 23, 2002
- 16,928
- 8
- 81
Person X is at fault for the accident
Person Y is at fault for speeding.
You could try arguing to a judge that because person Y was speeding, that is what caused the accident because person X had plenty of time to cross the itnersection bsed on where person Y was when person X entered the itnersection provided that person Y had been going the proper speed.
But I doubt it.
Person Y is at fault for speeding.
You could try arguing to a judge that because person Y was speeding, that is what caused the accident because person X had plenty of time to cross the itnersection bsed on where person Y was when person X entered the itnersection provided that person Y had been going the proper speed.
But I doubt it.
no matter what the person turning is at fault. yeah, the other person may have been speeding but person making turn is still at fault. happened to my dad on a turn he was making even though the other car didnt have their lights on and was probably speeding
Uhhhh...sooo...I pull out from, say, a right-turn on red, onto a 4-lane roadway with a 55mph speed limit and because I'm already in the intersection the person I pulled out in front and slams into me from behind is at fault???
No way!
If this is at night, then the fault should be on the driver w/o the lights on, because you cannot be reasonably expected to be able to see the car in the first place to be able to make a judgement on whether or not to proceed with the turn. Thats just what I think.
Oh and as for the question in case, yes, technically the X driver should be at fault (failure to give right of way to cross traffic w/o a stop sign), however, the speed of car Y seriously diminishes driver X's ability to pass judgement on whether or not to turn.
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