If someone made a blind left hand turn and was struck by an oncoming car can there be any comparative fault for the other driver?
Question Details: Driver A was west bound who made the left turn with two lanes to cross 1. straight lane 2. right turn lane. Now with that in mind lane 1 had a red and had about 20 cars lined up and lane 2 had no cars. With a gap in lane 1 driver A went to make the turn not being able to see driver B in lane 2. Driver B had less than 24 -30in to stop and made contact on right rear of driver A. Now wouldn't that make driver a at fault 100% or can there be fault found on driver B .... driver A received the only moving violation ( fail to yield on left hand turn)
As long as driver B wasn't speeding, and wasn't in a large SUV or something that would have allowed B to see A before A started coming out of lane 1, I'd say there's a very, very small chance that this is anything other than 100% on driver A.
I can't say it's absolute zero; a court case, like a football, can take some strange bounces at times. And assuming B has insurance, the insurance company will assign a lawyer who does this sort of case all the time and who would be seen as a winner if he/she can get 10% negligence against B. It happens.