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Auto Accidents Law Question from Kauai County, Hawaii

Asked on 10/13/2009.   This question has received 98 views.

Who is at fault?

This is the first time in my life I had a car accident. I have the right-of-way and the other person is at the stop sign. Who's fault it is?


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Attorney Answer given by Robert Kawamura

Answered on October 14, 2009.

Robert Kawamura | Kawamura Law Office
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If in fact you had the right of way, then the other driver is at fault even if he/she was at a stop sign.  He/She had a duty to make sure the way was clear before proceeding.


Attorney Answer given by L.M., Member, California Bar

Answered on October 14, 2009.

You'll hate this answer, but that depends.  If you have no stop sign and the other person has a stop sign, generally, yes, you have right of way and he would be at fault.  However, even if he had a stop sign, if he entered the intersection first and you were driving over the speed limit, you could be partially or totally at fault.  If there was a police report, I wonder what conclusion they came to.  The insurance companies may need to duke it out.  If you were not speeding, you have a better chance of being in the right.




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