Check out some similar questions!

EricEstr · Feb 8, 2011, 05:20 PM

I was involve in a car accident. The posted speed limit was 50mph. I was heading N ,straight going through the intersection while a car on the S bound lane made a left turn in my path , both vehicle had collided causing my suv to rollover. A vouple of days had gone by and police interview me for the report asking me how fast was I driving. "I said", 40mph due to congested traffic. The police state to me, that he believes that I was speeding. I ask How is that / because your suv rolled over. No ticket were issue.police says he can't give me a ticket for speeding because he has no proof of what speed I actually was traveling, but has an opinion that I was doing more. My ins. Couple declared a 50/50. How is it 50/50 when there is know radar detecting my actual speed. But there is evidence that the other driver made a left turn in my path? How can I be half at fault, when the laws say you must yield to all incoming approaching vehicles

JudyKayTee · Feb 8, 2011, 05:45 PM

I'm a liability investigator. I haven't seen the scene of the accident or interviewed anyone in your case, of course, so I can only offer my knowledge and experience.

The Officer's "opinion" is meaningless UNLESS it's based on witness reports. The Officer can't just pull an opinion out of the sky. My feeling is that the insurance company looked at both vehicles and the intersection, talked to witnesses, both drivers, and that's their conclusion.

I don't understand if you were going straight and the other car was turning how your vehicle overturned? Usually it's the other way around.

I can only address NY BUT you have an obligation to have your vehicle under total control and that includes braking, blowing the horn, attempting to avoid the other vehicle.

It may not seem fair but that's how it works.

Fr_Chuck · Feb 8, 2011, 06:12 PM

If the officer did a full investigation by looking at point of impart, damage done ( will consider it full speed if no skid marks) I know as a police officer I was fully trained to be an acccidnet investigator and often testified in court about them.

But of course even if you were speeding, it normally would not be 50.50 because the left turn would have had more liability.

Next 1/2 your fault is just your insurance companies opinion, based on either a guess or some info they have. You can always ask them

And you are allowed to still sue the other driver if ou wish also.