Ask Me Help Desk - Who is at fault if I was hit when stopped

Who is at fault if I was hit when stopped

I was at an intersection and I had a stop sign. I had inched up to see down the block because of obstructions. I didn't see anyone coming so I began to move again and when I got about halfway out into the intersection I saw the other car coming down extremely fast (think 35-45 on a 25) I stopped the moment I saw her and she continued to move, she didn't appear to brake until she hit me. She didn't have a stop sign.

She had the right of way as she didn't have the stop sign. You did.

You either were hit when you were stopped OR you were hit when you were moving (which is what inching out is). You cannot proceed through a stop sign until it is safe to do so and it obviously was not safe.

As far as when/how she braked, that's a question for insurance companies to argue. Maybe it will cause her to be some percentage at fault; maybe not. The question is going to be how long you saw her in order to know she wasn't braking and, if you saw her long enough to make that determination, how you could tell she wasn't off the gas and/or on the brake. You obviously weren't behind her, looking at her brake lights. Your judgment will be called into question because you (apparently) pulled out, through a stop sign, thinking it was clear for you.

As far as her speed I will estimate that 85% of the times I investigate a stop sign accident or a left turn accident I hear those same words - the other party is ALWAYS speeding. No one ever admits they either didn't look or they did look and didn't see.

You are at fault.

Quote:

Originally Posted by JudyKayTee

You either were hit when you were stopped OR you were hit when you were moving (which is what inching out is). You cannot proceed through a stop sign until it is safe to do so and it obviously was not safe.

As far as when/how she braked, that's a question for insurance companies to argue. Maybe it will cause her to be some percentage at fault; maybe not. The question is going to be how long you saw her in order to know she wasn't braking and, if you saw her long enough to make that determination, how you could tell she wasn't off the gas and/or on the brake. You obviously weren't behind her, looking at her brake lights. Your judgment will be called into question because you (apparently) pulled out, through a stop sign, thinking it was clear for you.

As far as her speed I will estimate that 85% of the times I investigate a stop sign accident or a left turn accident I hear those same words - the other party is ALWAYS speeding. No one ever admits they either didn't look or they did look and didn't see.

You are at fault.

From the moment I saw her to the moment of impact I'd guess maybe 5-6 seconds. I was able to see far enough down the road to think it was clear. I pulled out and saw her coming down.

Quote:

Originally Posted by Mike0005

From the moment I saw her to the moment of impact I'd guess maybe 5-6 seconds. I was able to see far enough down the road to think it was clear. I pulled out and saw her coming down.

I don't think you saw her long enough (particularly from the front of her car) to judge her speed or if she attempted to brake.

I'm confused - you said you were hit when stopped. Now you say you were pulling out. Which is it?

And you still rolled through a stop sign.

The insurance companies will battle it out and hopefully you are in a comparative negligence State and her reaction time was slow.

It really does not matter if you stopped in the road way or if you were moving. They had the right of way and you either, "failed to yeild" or "blocking traffic"

Had you been going in the same direction of the other car, and was stopped in the road way, it may be different.

For a defense, you take photos, perhaps a video of the stop sign, and how obstructed the road is.
The judge may decide not to fine you.

But your insurance needs to pay for their auto, and I will assume you got a ticket,

I would fight the ticket, often the police don't even show up for court, and also the person who hit you does not appear, you merely plead not guilty and see if they can convict you.

Also in some states you can plead NOLO and the points will not effect your drivers license

I had stopped the car before she hit me.

In any case, thanks for the help.

Quote:

Originally Posted by Mike0005

I had stopped the car before she hit me.

In any case, thanks for the help.

If you were in the intersection far enough to be struck whether you were stopped or not is not going to matter - legally you should not have proceeded until the intersection was clear (which it obviously was not).

You shouldn't have stopped. It only takes 2-3 seconds to cross a lane of traffic. If you had started to cross the lane you should have continued. But stopping partially in an intersection, transfers the fault, mostly to you.

I agree with everyone else; the accident is your fault. If you were halfway through the intersection, you should have proceeded rather than stopping in front of oncoming traffic.