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11-04-2009, 12:37 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 2
| | | Car Accident
My daughter got involve to an accident and she was found at fault involving of the accident. Please read the following: Accident occured on a two way lane street intersection. My daughter was at full stop and she wanted to make a left turn to an intersection on a very busy intersection and there's a sign says Do Not Block the Intersection. Prior to making that left turn, the car infront of her was at full stop and there are 3 or 5 cars behind her. The unknown driver wave my daughter to proceed to make a left turn. As she was making a left turn, She didn't see the the speeding Motor Cycle who passess on the right side of other vehicles on a single lane hits her car on the passenger side fender on a estimated speed of 45 on a 25 mph limit (police report) and the police cited my daughter for failing to yield. And now this MC driver filing a claim against us. Need your advice. |
11-04-2009, 01:02 PM
| | Member | | Join Date: May 2006 Location: MI
Posts: 277
| | | US Law only. |
11-04-2009, 01:10 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,066
| | | As described, your daughter is at fault in all 50 states, US territories and the District of Columbia.
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11-04-2009, 01:44 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,803
| | | Yep. And her insurance will pay the claim.
Just because one person waves you on does NOT relieve your obligation to make sure no OTHER cars are there for you to hit!
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
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11-06-2009, 02:28 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 2
| | | Accident
Thanks for all of your reply but maybe I need to retype the situation. When I mentioned two lane, I meant one on each direction. The MC overtaked the other cars on the curve side who are waiting for the traffic light to turn green and which is located about EST 30/40 yards after the intersection where the accident occured. I've been reading the AZ rules and this is one of the rules I read>28-695. Aggressive driving; violation; classification; definition=A. A person commits aggressive driving if both of the following occur: 1. During a course of conduct the person commits a violation of either section 28-701 Reasonable and prudent speed; A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.(, subsection A or section 28-701.02 and at least two of the following violations: (a) Failure to obey traffic control devices as provided in section 28-644. (b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724. |
11-06-2009, 02:50 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,803
| | | The motorcycle had the right of way. Your daughter did not, because she was turning left. A small percentage of comparitive negligence may be assigned to the other driver if he admits to any illegal pass or if there was a witness to it. But the majority of fault will always fall with the driver making the turn vs the driver going straight.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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