MR. S asked in Cars & TransportationSafety · 1 decade ago

car crash fault?

So who is more at fault At a stop sign a lady hit the back right side of my car behind the back tire with the front of her van. she tried to blam me and said it wasnt my turn. How much at fault would I be just from where she hit me?

Update:

It was a 4 way stop she came from the right of me. I was going strait. no witness because they drove off.

Update 2:

there was a car in front of her I was waiting to clear the intersection and then I went and she hit me. She told the cop a differnt story so he couldnt do anything cuz no withnesses

8 Answers

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  • Anonymous
    1 decade ago
    Best Answer

    Shane,,there's a concept of "Pre-Entered the Intersection".

    The principle is most commonly applied to Crossing an intersection on a "Late" Yellow Light.

    We've all experienced the situation where we're

    *approaching an intersection,,and traffic light turns yellow

    *We judge that we are Too Close/Too Fast to Stop Safely

    *So we proceed thru the intersection.

    *As we Do,,,the Light turns RED (Our Light),,,and the Cross Traffic's Light turns Green.

    * We are IN the intersection>>Our light is RED,,Other light is GREEN.

    *Who has Right of Way??

    ...WE DO---because we were there Before the Red Light was

    A Green Light does NOT mean "GO",,

    it means LOOK,then Go.

    If we have a wreck with the Cross Traffic in that scenario,,,

    There's No Way to PROVE who-did-what.

    So the Determination is made according :

    a)Point of Contact

    b)Amount of Damage

    c)Any other evidence,,,such as skid marks,flying parts,,how far either car was pushed/dragged/knocked away

    Those thing total-up to indicate TIMING and SPEED.

    It's "Science",,,but it's Pretty Logical.

    .........................................

    A 4-Way Stop is very much like a Traffic Light.

    It's the equivalent of a BLINKING Red Light.

    The "GREEN/Proceed" Signal is Implied.

    *Driver STOPS

    *Driver proceeds when Traffic is Clear

    * On 4-Way Signs--the Rule is that driver's "take turns"/ alternate.

    She hit you at Far Back end of Your car.

    You Had to have Travelled>>

    *Across any Crosswalk

    *Across 1 Full Lane--Cross traffic moving to Your Right

    *Fully Enter HER Lane

    * Across the Center of Her Lane

    *And the Front of Your Car pass beyond Hers/Her lane

    * Until the REAR of Yours was ALMOST Clear.

    You HAD to have been Pre-Entered,,,Moving,,,Crossed BOTH Lanes and drove across the Front of Her,,,and almost Past her complete lane.

    a)She never should have Proceeded

    b)She had Time to see You,,had time to stop

    She's at fault,,,because You came such a Far Distance compared to the distance She had to travel to Hit You.

    She Failed to Yield Right of way.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>

    The Lady is NOT Lying,,,,she Beleives what she says.

    But it's her IMAGINATION her beleif is based upon.

    NOT her actual knowledge of FACT.

    When you consider HOW these kinda accidents happen,,

    that statement begins to make sense.

    Here's What Happens to cause those type of crashes.

    It's a combo of the Sequence of events---and HER Focus/Level of attention/Perception..

    *You are Stopped at the Sign

    *Cross Traffic is also Stopped

    *Car #1 Proceeds as You Wait your turn to go

    *At some point after Car#1 proceeds,,,YOU Begin & enter the Intersection .

    Here's where the GLITCHE begins.

    Several things happen Simultaneous,,,and it all happens in 2~3~4 Seconds.

    Car#2(The Lady) is "In Traffic",,,she's in Queue for her turn at the STOP SIGN.

    But she's NOT STAGED at the Sign.

    Here level of Alertness is ONLY the anticipation of her need to inch up a few feet ,,To the Sigh,,AFTER the car in front of her Goes.

    That's IMPORTANT to Undertstand.

    Her Brain is NOT planning on Going NEXT.

    Only planning to move -ahead a few feet,,Into Position to go.

    Her Mental Paradigm of the Immediate Future is One Particular Scenario......waiting to Move Up to the Sign.

    When "That Future Passes",,,Her Brain will shift to a Next set of expectations.

    Once she's AT the sign,,,waiting her turn,,She's anticipating to be able to Cross the Intersection.

    That all sounds a bit Far-Out and Too Deep,,,,

    But so is KILLING PEOPLE in Traffic "By Accident".

    As she sits and waits to move up....She's on Semi-Alert/Focus.

    Cuz in her mind,,,she is "Going Nowhere YET".

    Next Act is only to scoot up a little.

    THEN when she's at the Sign,,it's HER Turn,,,her Alert & Focus shifts to Full 'cuz her next act will be to drive across the intersection & go on about her way.

    *** She Looks UP,,,,and sees the car in front of Her,,,GONE.

    She WAS staring at a bumper,,,Waiting,,and her mind wandering .

    Suddenly,,,almost like a Time Lapse---the Car in front of her she was waiting for,,,,appears WAY across the Street,,it's Way Far GONE compared to her Last "mental snapshot"

    Her Next impulse is,,,"It's My TURN to go"

    She Looks to her LEFT,,,at YOU.

    THINK about what she SEES YOU DOING.

    You are STOPPED,,waiting for the Lead Car to cross far enough for You to start your crossing.

    Even if you are already Beginning your move....

    When she "wakes up" and Glances,,,,

    HER Perception is that You are SITTING at Your Stopsign.

    Picture HER "VIEW"

    **Car in Front of Her is GONE

    **YOU are "Sitting" at Your stop sign

    Her ATTENTION LAPSE reveals that New,Sudden View TOTALLY out of Context of the Traffic Flow

    Like turning on TV in the middle of a scene.

    Because of HER sense of being LATE to Move,,

    The Car in Front being Gone,,

    YOU to her Left & AT the Stop Sign NOT Moving....

    Who's Turn is it,,,in HER MIND??

    You see that??

    Car's GONE>>You're WAITING>>She's LATE

    She DONT just Lurch ahead in an instant reaction.

    YOU woulda saw that,,,saw her Move,,,

    and YOU woulda Stopped or Waited.

    Here's what she Did,,,it happened in Seconds,,,,

    And the clock started Ticking as soon as She saw You "SITTING"

    SHE was sitting there while YOU were fixing to go,,,so You start your move.

    You get across one lane,,and mostly across Her lane,,,

    then she lurches forward and Rams You.

    How??

    She saw You--She "prepared" to go by

    *Looking LEFT at YOU

    *Glancing AHEAD AGAIN to see the car in front of her Gone

    *Galncing either to her RIGHT or BEHIND her

    *Most Drivers will Look BEHIND outa some sort of "guilt" or whatever for holding up traffic

    *Then look to Right.

    ThenLook STRAIGHT AHEAD and GO

    While she Looks Away From YOU,,,You're Moving

    She NEVER Looks back at YOU,,,because in HER PERCEPTION,,You were waiting for HER.

    She Looks AHEAD,,then Behind,,then to her Right,,,then AHEAD again ,,,and MOVES

    All that time,,,she is STOPPED or Creeping,,,and using TIME,,

    While You are driving across the Intersection approaching Her

    She "Sees" All-Clear then Accelerates Right Into You.

    IF she saw you even in her peripheral vision,,,by time she processed that and reacted,,,,You are already in front of her.

    And if she is 40~45 yrs old or Older,,,she HAS no Peripheral vision.

    If she wears Glasses,,,at any age,,,THAT impedes peripheral vision..

    With HER Looking FORWARD,,,and intending to ACCELERATE

    and You travelling at 20~25~30 Mph over those few FEET.

    In mere MICROSECONDS,,,

    She Suddenly Moves at a point where YOU Cannot react,,,

    That's even IF your car was not already PAST her,or directly in front of her,,,,already Past YOUR peripheral Vision.

    Nothing You could do,,either way.

    She saw you ,,Stopped and "waiting for Her" to go.

    IF she'd stared for 1/2 Second more,,she would have seen You Proceed.

    She never looked at You again,,till she saw you in front of her,,AFTER She was already going.

    YOU saw her,,,"Waiting for YOU".

    As You Proceeded,,she continued to "WAIT".

    You had NO WAY to know she was NOT waiting.

    The Time that passed while she APPEARED to be Waiting,,,

    was Her Checking Forward,Right Side,RearView,Forward Again.

    NOT Waiting,,but PREPARING to go.

    And in a HURRY,,because she thought she'd overstayed her welcome at the stopsign.

    LOTS and LOTS of car crashes happen that way,,,Both parties SWEAR they are "RIGHT".

    In Their Perception,,,they ARE.

    The ACTUAL,GENUINE chain of events is usually "Lost" to conscious memory,,,because the ACTIONS are almost instinctive,,Reflexive,,,

    NOT Clear & Conscious DELIBERATE DRIVING actions.

    All that May sound sorta Spacey,,,,Brain Waves & Mirrors & Time Lapses,,,lol,,,I know.

    If anybody has a Better explanation of why an assumed "Normal Driver" would SIT and WAIT for a Cross-Traffic Driver to pass directly In Front of them,,,,

    and then Stomp the Gas Pedal and Steer Right Into the Other Car,,

    I'd be interested to hear it.

    NO WAY you could have covered That Much DISTANCE and get hit in Rear 1/4 at a Stop Sign,,,by a Car leaving the Sign and just traveling a FEW feet to hit You that far Back on Your car.

    She was asleep at the wheel,,Marked You as STOPPED when she saw You a SPLIT SECOND before You Moved

    and she Never Looked Back at You.

    You had No Way of reading her mind to know that she was NOT waiting for YOU....she was looking around ELSEWHERE in preparation to go,

    THAT was HER Delay in moving that allowed You the TIME to drive into her path.

    While She's assuming You were still back at YOUR sign,,waiting for HER

    I guess that Is kinda spacey??

    Good Luck with your Claim,,,

    Dont let anybody railroad you into beleiving it was YOUR fault.

    Whoever hit You is clearly at fault.

  • Anonymous
    1 decade ago

    It sounds like she tried to follow the car in front of her through the intersection and not wait her turn. If that's the case, did you "force" the issue and "take" the right-of-way because it was "your turn?" If you did, then you are at fault, even if you had the right of way. This would be seen as a "preventable" accident. Even though she was at fault, you caused the accident by forcing the issue.

    On the other hand, she might have stopped, then went and didn't see you, nor did you see her. then it's completely her fault.

  • 1 decade ago

    if she hit the back bummer of your car then it her fault.

    if she was on the right side of you and hit you then it your fault

    if you was at the stop sign and she had no stop sign then it your fault,

    if you was at the right side and she was at a different side then it her fault

    don't understand the question all the way but i think the first one will answer your question

    Source(s): my dad a police
  • Detail you're question a little more.Was she behind you?Did she T-bone you?Where you at the stop sign first?

    If she was behind you,it was her fault for not maintaining a safe following distance.

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  • Anonymous
    1 decade ago

    It would be her fault,the police have a way of telling by looking at the impact as to wether or not she could have avoided you,be pushy,don't let her get away with it.

  • 1 decade ago

    None. If she hit you in the back, she could have stopped. Her fault.

  • Anonymous
    1 decade ago

    iT WOULD SEEM THAT YOU WERE THE FIRST ONE THROUGH THE INTERSECTION (OR AT LEAST PART WAY THROUGH IT) SO IN ILLINOIS SHE WOULD BE TOTALLY AT FAULT, unless SHE HAS A WITNESS SAYING THAT SHE WAS FIRST TO PROCEED, THEN IT WOULD BE A SHARED RESPONSIBILITY

  • 1 decade ago

    who cares sue the btch

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