Driver failed to signal and was hit in rear bumper when stopped midway through a left turn.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Driver failed to signal and was hit in rear bumper when stopped midway through a left turn.
Are both drivers considered negligent? Driver that failed to signal as required by law and the other for failing to have his car under control. Which driver, if any, is at-fault for the accident? Do both drivers share the blame? No one was hurt. Speed was around 25 mph. Auto hit in rear sustained minor damage. The car doing the hitting at approx 45 degrees sustained considerable damage in the front left corner. The accident happened at a 4 way intersection.
Asked on April 6, 2009 under Accident Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
While it sounds as if both parties were each somewhat negligent -- at fault -- but it's amazing how stories can change when people realize they have to pay for repairs, or may incur higher insurance rates or think there may be a barrel of money involved.
If fault is determined to be 50-50 no one collects, other than from their own collision insurance company. If fault is determined to be 60%-40% the person only 40% at fault collects some damages from the other (in all but a handful of states -- and NY is not one of them), but the amount she collects is reduced proportionally in most states.
Be sure to report the accident to your insurance company and file a report of the accident with the DMV.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.