Not enough info.

What did the police say? What did the insurance investigator say? They're the ones that will decide who's at fault.

Who has the right of way... there is always an established set of rules who has the right of way. As Altenweg mentioned you didn't take enough time out of your busy life to write more than one sentence. As a result... its impossible to answer your question.

But I'll take a wild stab at it and guess that you are. Being its always someone who doesn't take the time to do what they are supposed to do because they are in a rush... and their time is more valuable than anyone else's time.

In almost every state "car hits person " nothing to talk about, car is at fault. How about more details next time