justiniida
Junior Member
I was parked in a residential area (cop described as residential). I pulled up to the stop sign (I was parked a few feet before it on the right hand side), stopped, looked both ways, then drove through the intersection. The other driver hit my right rear tire and scratched my car. My car was rotated about 180º (possible that my left rear hit a curb when I was rotated, causing scratching to the left rear). Other driver's car was not damaged on either side of the front of her vehicle, indicating she had not attempted to swerve or avoid hitting me. The damages on her car were to the front license plate and the grill (center front of her car). Other driver, also, did not honk before hitting my car (but that cannot be proven…). I asked the passenger of the other car if they knew the speed limit in the area we were in. She said she thought it was a residential, therefore 25. The driver was angered, and argued the speed limit was at least 35, possibly 40, which shows she was obviously going at least 35. Police were called. Mr. Brad Smiley took down our information and the information of our passengers, but did not get a full story from both driver's. My car was too damaged to drive away. Other driver's car was driven away.
In my eyes, she was the last person to avoid the accident and showed no sign of braking.
Under VC 21802(b) I think she would be at fault, correct?
(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersecti
In my eyes, she was the last person to avoid the accident and showed no sign of braking.
Under VC 21802(b) I think she would be at fault, correct?
(b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersecti