• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Automobile Comparative Negligence - NYS

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cyh757

Junior Member
I was involved in a traffic accident where another driver made a left hand turn in front of me, while I had the green light at a traffic intersection. We were both in the respective left hand lanes of the roadway. I was originally stopped at a red light at that intersection...was the second or third car back. When the light turned green, the two cars in front of me proceeded. Before I went through the intersection, I looked to be sure oncoming traffic approaching the light was preparing to yield me the right of way and that no one going was running a red light, who was going in the direction perpendicular to my path of travel.

The oncoming car appeared to be going slowly and preparing to stop at the light before making a left, in order to yield me the right of way. BAsed upon those observations, I determined it was safe to continue through the intersection, which was a relatively wide intersection. After I had already crossed one lane of traffic to get to the other side (it was 2 lanes going in the same direction perpendicular to my car), the oncoming car inexplicably neglected to stop and made a left hand turn, placing herself squarely in my path of travel. The point of collision was the front center of my car, as well as the front passenger side. The damage to her car was the front passenger side, and the front of her car.

I was going slowly and looked carefully before I proceeded through the intersection. However, the other driver's insurance company has determined based on comparative negligence that I am 10% at fault. I feel this is very unfair and wonder if how a court or arbitrator would look upon the situation or if I am completely "screwed".
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top