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?
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.