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Old 03-23-2006, 11:35 PM
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Join Date: Mar 2006
Posts: 41

partial fault

Ohio

Anyone know about how partial negligence is determined? I was cited for turning rules. The other driver stated her speed was 40mph in a 35 area. Also, she was adamant that her traffic light at the intersection was green when I have two witnesses who saw the light was at least yellow if not red. Does any of this appear reckless? Another thing is we both are State Farm customers. I figure that if I can't prove she ran a red light, the "best" case for me would be partial negligence. The insurance company would just be allowed to raise the premiums for the other driver in addition to me. I'm wondering how differently they'll handle this because we're both with them.
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Old 03-24-2006, 12:15 AM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
Well, since you were cited and she wasn't, you're going to have a hard time, but 2 witnesses don't hurt. You're best off talking to State Farm about this and see what they say. If you don't like what you hear, a lawyer might not be a bad idea, though I don't know if anyone ever really goes to court just to determine fault in an auto accident....possible though.
  #3  
Old 03-24-2006, 11:20 AM
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Join Date: Mar 2006
Posts: 41
Well I'm asking in case I get sued for a significant amount of money. I don't really know the typical amount sought in these situations. With partial fault, it seems likely the other won't go after me for as much. What happens if my citation is dismissed or I'm found not guilty in the criminal court? It's not that I want to go to court to determine fault. Rather I just want to know of past experiences of how fault is determined.
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