who is at fault

[hairbrain]

i live in washingto state, the accdent took place in everett. I was making a left hand turn accross traffic. the speed limit was 25mph, and i had checked to make sure there was no traffic, after a car had passed that was going in the direction i was planing on headed i saw no one and proceded to pull out. once i saw that there was an oncoming car i slamed on my brakes and was able to stop very quickly. it had been raining about an hour prior to. the oncomeing car was unable to/ didnt avoid my car nor swerve to miss me. hitting my front end. the driver of the other vehical was the registered owner but did not have insurance, i have insurance, after the accedent she came got my information then left in her car. i have not seen her again but i am curious what are my options are, and if i can fight my ticket of "failure to yeild right of way"?

 

[I AM ALWAYS LIABLE]

My response:

I don't see why you would. You were, in fact, at fault.

The ticket is proper.

IAAL

 

[hairbrain]

I am curious as to what the law says in washington state as it pertains to, when one party does not have insurance. Can i go after her for damages, because as i see it, in the state of washington it states that you must have insurance to operate a motor vehicle. now because she doesnt have insurance she should not have been there in the first place, thus the accedent would hae never happened, besides she was obviously speeding, and she look like she was under the influance. there was plenty of room to go around me but she didnt. and please this time give me an answer that is more than just one sentance, like try explaining yourself, like why you beleive that i was in fact completly at fault. Thank you.

 

[I AM ALWAYS LIABLE]

I am curious as to what the law says in washington state as it pertains to, when one party does not have insurance. Can i go after her for damages, because as i see it, in the state of washington it states that you must have insurance to operate a motor vehicle. now because she doesnt have insurance she should not have been there in the first place, thus the accedent would hae never happened, besides she was obviously speeding, and she look like she was under the influance. there was plenty of room to go around me but she didnt. and please this time give me an answer that is more than just one sentance, like try explaining yourself, like why you beleive that i was in fact completly at fault. Thank you.

My response:

Whether or not she had insurance has nothing to do with the happening of the accident - - even though you'd like to think so. Lack of insurance did not cause the accident; i.e., it was not the "proximate cause" of your negligence, that resulted in the accident. It is, however, a problem she'll have between her and the State, only.

The fact remains, she was there. She was the one traveling in a straight line, and you violated her lane of travel. A simplified definition of "negligence" is: "those who look, but do not see, are negligent."

Now you've added "new facts" - - being under the influence, and speeding. As to the "influence", you're not a doctor, so I have to discount your observation as a mistaken visual of someone who's just been in an accident, is a bit dazed, and perhaps, in shock. As for the "speeding", it wouldn't have mattered if she was going 150 miles per hour. Her speed had nothing to do with you being in her lane of travel.

Your averment that she didn't attempt to "go around" is a thin stretch of argument for the "last clear chance" defense. Since I wasn't there to see the timing of the accident, and when in relation to her entry into the intersection you began your turn process, I'll leave that to the witnesses.

But, one fact is crystal clear - - if you hadn't turned until the oncoming traffic lanes were clear, this accident would never have happened - - and it happened because you looked, but didn't see.

You're negligent. You'll be extremely fortunate if she doesn't bring a lawsuit against you. The ticket is, nonetheless, proper.

Next case.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-16-2001 at 09:26 PM]

 

[hairbrain]

i am curious does any one other than "I AM ALWAYS LIABLE" give advice? i could use some from a person with some logic.

 

[I AM ALWAYS LIABLE]

My response:

Translation : "I want to hear from someone who'll agree with me."

Yeah, that's going to happen.

IAAL

 

[racer72]

Hey IAAL, I agree with you. And I am from Washington state and have a fair knowledge of the traffic laws of this great state. From you post, you violated possibly 2 laws,
RCW 46.61.185
Vehicle turning left.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.


[1965 ex.s. c 155 § 29.]
and
RCW 46.61.202
Stopping when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic control signal indications to proceed.


[1975 c 62 § 48.]

NOTES:


Severability -- 1975 c 62: See note following RCW 36.75.010.
As you notice, neither law says it is alright to pull in front of uninsured motorists. And taking your logic a little farther (and twisting it a bit too), in the late 1800's a tree seed germinated and a Douglas fir tree was born. For many years the tree grew tall and strong. One stormy late afternoon, a wind storm blew in and one of the tree's weaker branches was broke loose and was blown into some power lines. This caused a power outage the lasted well into the night. Your parents having nothing to do in the dark, went to bed early that night. Nine months later, you were born into this world. Then one fateful afternoon years later, you were involved in an auto accident with an uninsured motorist. Just think, if that tree seed never germinated, you would have never been involved in an auto accident. In fact, the heavens would have revolved 2 degrees more and you would have been born to Mr. and Mrs. Leo Gruntfeld of Tarzana, California and to this day would have no idea where Everett, Washington was even located.

 

[goscott4`]

FUZZY LOGIC

Yes hairbrain.......I must add that according to "fuzzy logic", your case is not aginst this poor woman with ten kids, but againt that tree. If I were you, I would hunt that sucker down, and sue it to hell.....smile