#1
So my sisters friend just started driving on a permit a few months ago and was in a cash early this morning (April/10/2008).

The story goes like so:

Early morning, weather is really foggy and enough so that everyone should have their lights on. At a T intersection my sisters friend is going to turn left and has a stop sign.
On the main road without any stop sign comes another car going around 45MPH.
The guy, (in his mid 40s) on the main road doesn't have his lights on and its hard to see him.

My sisters friend turns left at the intersection, the guy hits the front of the car totaling it and now I'm wondering....how is at fault?

I say it's the person at the stop sign as they don't have the right of way
but the other guy didn't have his lights on which is crazy but i don't think it was his fault.

I'm 22 now and have been driving a good amount of years now and have only been in a minor finder bender, (no damage at all...) but Its been driving me crazy not really knowing who's at fault here..

The police came to the crash and everyone filled out the paperwork from what I've heard. It should also be stated that the road has a 40MPH speed limit...
Last edited by moody07747 at Apr 11, 2008,
#2
I think the guy is, he was speeding and didn't have his lights on even though there was low visibility.
#3
The guy is at fault, because he was speeding. He also should have had his lights on in low visibility, but the main reason to the police would be the speeding.
#4
I think it has to deal with the right of way as well, but that is a sticky situation
#5
Quote by imgooley
I think it has to deal with the right of way as well, but that is a sticky situation


It would be even stranger if the other guy wasn't speeding...

In a case like that I think it would be the guys fault since he has the right of way.
#6
its actually your sisters friends fault. the man, even tho his lights werent on, had the right away. Infact lights help very little in fog. If it was dark outside then it might be different, however the fact remains that he had the right away. Your sisters friend might not have been completely at fault, but the law will back the dude.
Originally Posted by fatdanny
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#7
I think your sisters at fault. It doesn't matter the guy was speeding, he had the right of way.
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#8
If he was speeding then he was at fault. Not having his lights on just makes it worse, because that's not against the law, but rather suggested.

EDIT: Missed the right of way bit, it's her fault. But she may get off with a slap on the wrist or even scot free because of low visibility etc. and it was too hard to see that he was coming, and he may even be fined for speeding.
#9
4/10/08? surely you must mean 10/04/08?

And i think it's the guys fault, because your sisters friend wouldnt have pulled out if she had seen him, the same as if you were driving at night - im sure i could pull out and crash into someone if i couldnt see them!
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#10
I think your spelling is at fault.

But well, here in Norway the law says you have to have your lights on at all times, so imo he's the one who made an "oopsie"
#11
I'd say the guy is at fault, but who knows?

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#12
Quote by rebeltildeth87
its actually your sisters friends fault. the man, even tho his lights werent on, had the right away. Infact lights help very little in fog. If it was dark outside then it might be different, however the fact remains that he had the right away. Your sisters friend might not have been completely at fault, but the law will back the dude.


Foglights...the idea is to be more visible to other drivers, not to make it easier to see as a driver...


That being said...It was his right of way, but seeing that he was speeding, there may be no one completely at fault...Sucks to get in trouble when you just got your permit though...sucks to be your sister's friend...
#13
I think what sux most is that their car was totaled...it was fairly new too and they dont have enough to buy enough at this point. My sister is just starting out driving too now and shes all shaken up from this story. I guess it's good though, teaches them that driving can really be dangerous and that you have to be ready for anything at any time.


So I'm sticking with my original thought, the guy is at fault since he had the right of way.
#14
Quote by GooseMcShred
4/10/08? surely you must mean 10/04/08?


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#15
Quote by rebeltildeth87
its actually your sisters friends fault. the man, even tho his lights werent on, had the right away. Infact lights help very little in fog. If it was dark outside then it might be different, however the fact remains that he had the right away. Your sisters friend might not have been completely at fault, but the law will back the dude.


I agree with this statement.
#16
What was the speed limit? If he was speeding it was his. If not, then despite him being an idiot for not having lights on, law is against your sisters friend.
#17
Quote by rocknrollrob
Americanism / Englishism

day/month/year makes so much more sense doesnt it

id say speeding is a greater offense then accidentally pulling out in front of a car in low visibility.
#18
Quote by moody07747
I think what sux most is that their car was totaled...it was fairly new too and they dont have enough to buy enough at this point. My sister is just starting out driving too now and shes all shaken up from this story. I guess it's good though, teaches them that driving can really be dangerous and that you have to be ready for anything at any time.


So I'm sticking with my original thought, the guy is at fault since he had the right of way.


Listen to yourself: It's the guy's right of way, yet his fault the person with NO RIGHT to turn in front of him cut him off? Whether your sister's friend could see him or not, she still cut him off leaving a STOP SIGN. That stop sign indicates for her to wait until it was safe to continue. It was not a 4-way, where the right of way is not hers at any definitive time.

If you were driving along a road, and someone turned left leaving a side street (where there would be a stop sign) in front of you, cutting you off so close you have no time to stop, would it be your fault for hitting them? I don't think you'd take the blame for that, why should he?

Yes, he didn't have his lights on. But that is not the law (I believe, anyways) where this happened. It is in some places, but you've made no indication it is. As a result, it is not his fault (legally, anyways). Out of courts/legal system, the blame should be shared, maybe. Should he have not been speeding, he would have been fault-free.

That brings up another issue. Yes, he was speeding. I believe he admitted it to police, too? Locally here, a left-turn accident is almost ALWAYS the turner's fault, as they have no right to turn in front of someone. It is the person who made the turn that must prove they are not at fault, pretty much. So he admitted speeding, at what, 5MPH over the limit in a 40 zone? That's 8kM/hour in a 60, roughly. Here, that would not be considered as speed being a factor in the accident. It could be argued I guess that the 8kM/H may have caused the difference depending on the visibility range (how far your friend could see = how long she had, hard to prove) and the contact area (hit the front of your friend's car [which it did] = early in the turn, just cut off, rear = almost end, could have been avoided?).

Your sister's friend does not have a lot going for her here. The most I honestly see happening is a 50/50, and both their rates go up (best case for the insurance company, too!). He's admitted to speeding, which may be looked at as a fault. She was making a left turn, which means she IS at fault (unless the other car was coming around a bend @ approx. 100 in a 40, as then speeding would have been THE factor in the accident, but you get my point).


Anyways, I know I changed between sister's friend and friend a few times, but friend is just so much more convenient to write, especially at 3:30 in the morning.
#19
It's your sisters friend for driving without due care and attention. Even though his lights weren't on she was coming out of a junction so it's up to her to notice him
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#20
IT was the guys fault

Case closed
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#22
Quote by Regression
I think the guy is, he was speeding and didn't have his lights on even though there was low visibility.

+1

what a dick

EDIT: hope your sister's friend is ok.