Legally, none of that would matter since she had a stop sign at that intersection and Trident did not. Still, I probably would have been driving defensively and slower in general, so I like to think I would have avoided that.
Not entirely true. If he had been found to break the law in some other way that affected the accident such as racing, speeding, DWI, no headlights, or something he could have been found to be "contributory". Most states allow you to sue for a percentage for instance if she was 80 percent at fault he can only file a claim against her for 80% of his damages. I imagine she could turn around and try to sue him back for his 20% of her costs.
Here in MD it's different. There is none of that divvy up blame BS. You've got to prove you had ZERO fault as was ruled for TridenT. If you are 1 percent at fault you have no claim. Theoretically if you want to get paid for an accident you'd better drive perfectly all the time so you can't even be blamed for 1 percent. It doesn't work we all drive like assholes.