Who is at fault?

Question Details:

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?

Asked 10/13/2009 under Auto Accidents | 260 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Auto Accidents Law Answers

Robert Kawamura / Kawamura Law Office Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Hawaii

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.

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.

Related Auto Accidents Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com