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Home > Law > Other Law   »   who is at fault

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Old Apr 19, 2008, 06:03 PM
ivysun99
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who is at fault

Hi, i just got in a minor accident and want to see who's fault it is and if i should file a claim.

At the intersetion, I was attempting to make a left turn. I first stoped and looked both side. Then I determine I have enough time to make the left turn (the speed limit is 25). As I was turning left, a car coming from my driver side hit me. I am pretty sure she was speeding and didn't pay attention. My rear bumper (both the left side and the left back) was damaged. The back (left) side bumper was broke open. My question is 1) Is it enough to prove the other person was speeding based on the damage. 2)who's fault do you think it is. Lastly, we both have 500 deductible and the repair cost would be around 1000 for me and 800 for her. Is it worth the file a claim. Or should we just each spend $$ to repair our own car? Thank you so much!

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Old Apr 20, 2008, 04:27 PM   #11  
ivysun99
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Quote:
Originally Posted by JudyKayTee
Left hand turns scare me to death because they have to be 60% of what I do. My particular pet peeve is those people who stand behind the white line on a green light, signalling their left-hand turn, anxiously looking at the traffic signal and oncoming traffic, clutching the steering wheel. I feel like screaming PULL INTO THE INTERSECTION AND OWN IT AND MAYBE WE'LL GET A CHANCE WHEN THE LIGHT CHANGES.

Amen.


I think in my case,
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Old Apr 20, 2008, 05:48 PM   #12  
Fr_Chuck
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The issue of speeding may make the other party partial at fault, but not to a very high percent. The driver who turned ( entered in front of moving traffic) has a responsiblity to do so in a manner that is safe, ** look for oncomming cars, even if speeding.

So the car that was making the turn will have the majority of total responsiblity. and the judge may award a partial responsiblity
would not try and guess at percentage, but driving making the turn would pay for most of the damages of both cars.

** also I think the damages will be alot more money than they are guessing at
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Old Apr 20, 2008, 06:03 PM   #13  
Scleros
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I don't believe anyone's numbers.

Quote:
Originally Posted by JudyKayTee
...at 25 mph she’s traveling almost 40 feet per second (39.9, to be exact).

Huh? Are you serious?

5280 Feet = 1 Mile
60 Seconds = 1 Minute
60 Minutes = 1 Hour

25 mph = (25 x 5280) ft / hour
= (25 x 5280) ft / (60 x 60) s
= 36.7 feet per second (since we're being exact)

Quote:
Originally Posted by JudyKayTee
At 25 mph her REACTION time is 20-25 seconds;

Perhaps 2.0-2.5 seconds. You can't tell me it takes a driver nearly half a minute (30 seconds) to decide to brake, even in New York.

Quote:
Originally Posted by JudyKayTee
the STOPPING/BRAKING time (on a dry road) is 65 seconds (approximately)

Over a full minute from 25 mph. to zero, don't think so. 6.5 seconds I might buy.

Quote:
Originally Posted by JudyKayTee
That takes the other vehicle approximately (given the low side) 85 seconds to see, react and stop.

8.5 seconds?

Quote:
Originally Posted by JudyKayTee
...At 39.9 feet per second that’s slightly over 1.75 minutes, not the one second you calculated.

Even if numbers were correct, I have no idea where that number came from given you said 85 seconds just prior. 85/60 = 1.42 minutes low side, 1.5 minutes high.


Do insurance companies use the same math?
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Old Apr 20, 2008, 06:07 PM   #14  
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well I used to investigate accidents every day, but at this point since it was not in the police report, he is not going to prove anything now, no accident scene left to reconstruct most likely.

And to be honest, if I had been sent to the scene, I would have wrote the person making the left turn the ticket and went on to lunch without a second thought
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Old Apr 21, 2008, 05:56 AM   #15  
excon
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Quote:
Originally Posted by ivysun99
Hi, i just got in
Hello ivy:

Wadayya know about that? I'm just leavin.

excon

Comments on this post
Altenweg agrees: Hey, I was going to say that. You beat me to it. ;)
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