So who is at fault for this accident

My daughter was driving down the street and approached an itersection. There is no stop sign at this intersection and this is a blind
intesection. She proceeded to take a left at the intersectin and there was no visual traffic coming. when she was 1/2 thru, she saw a car coming and the other party sweved over to the left side of the road to avoid my daughter (instead of simply stopping) and hit my daughter's car broadside.
I would think that since the bumper of the oher persons car hit my daughter broadside then the other party would be responsible Any oppinions here? M
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m wrote:

cross intersection or T? If the latter, where was she? Are there *any* stop signs at this intersection? What state?
nate
--
replace "roosters" with "cox" to reply.
http://members.cox.net/njnagel
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

It was a T intersection. My daughter was at the bottom of the T going up and the other party going left to right on the top of the T
No stop signs and we are in Masachusetts.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m wrote:

Check your state law... in some places if there is a "T" intersection and you are coming from the bottom, and there are no signs, you have an assumed stop sign. I do not know about MA. Does the double yellow on the other road continue through the intersection without a break?
nate
--
replace "roosters" with "cox" to reply.
http://members.cox.net/njnagel
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

not sure about the break in the yellow line. I'll have to check tommorw. Whether or not there is an assumed stop sign may make a difference in the out come but my daugter stopped before trying to go left. We all stop there. It is natural to stop there. The fact is that the other parties front bumper plowed into my daughter's front wheel and door broad side so I figured that would be good enough.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m wrote:

Sorry, since you didn't mention that she'd stopped, I assumed that she didn't. If she stopped and looked before proceeding, one of two things happened, either she missed a vehicle she should have seen or the other driver was traveling faster than he could see. I am guessing that your ins. co. will end up sorting this out - or the police, if they feel like issuing someone a citation.
nate
--
replace "roosters" with "cox" to reply.
http://members.cox.net/njnagel
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Actually there were no citations, but the other party approached me and asked if I wanted to pay for the damage so that my daughter (18 yrs ) wouldn't get surcharged. I told them to go throught their insurance Co My duaghter now has whiplash injury so I plan on calling an atorney. The insurance companies aren't going to like this.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m wrote:

you guys have that no-fault thing, don't you? My condolences...
nate
--
replace "roosters" with "cox" to reply.
http://members.cox.net/njnagel
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

We do have no fault but I have never been able to figure out how it works. If you are moe tha 50% at fault then your insurance comapny pays and you get surcharged for 6 yearrs.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

In AZ the through street has the right of way at an uncontrolled (no stop or yield signs) 'T' intersection. Extenuating circumstances like no lights (at night) or speeding on the part of the other driver could put fault or partial fault on the other driver. You would need an *independent* third party witness to prove no lights unless the other the other driver admits to it. Speed can be estimated by skid marks if there are any and investigating officers routinely measure the skid for such purposes. Without extenuating circumstances your daughter would likely have been cited for failure to yield at a T intersection if she were in AZ and the accident had been investigated by a police agency. In AZ there is no legal requirement to have the accident investigated unless there is bodily injury or excessive property damage and different jurisdictions have different policies on even sending officers out on minor accidents. Most traffic citations in AZ are civil (this one is) and have little to do with any following lawsuit or court actions. However insurance companies seem to put a lot of importance on who got the ticket when settling claims. I realize your state is likely different but thought you might find it interesting how we would have handled it here. Good luck to your daughter.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

The same is true in other countries - certainly in the UK. Mind you, it is very rare to find a T junction in the UK which does not have Stop or Give Way (Yield) signs on the minor road (the vertical leg of the T) or at the very least dashed lines across the minor road to convey the same message about who must stop / yield for whom.
Even in the absence of signs or road markings, the rule is the same - that the straight through route has priority.
http://img201.imageshack.us/img201/4153/conventionaltjunctionol8.jpg
I'm not sure what the precise rules are in Massachussetts. I've driven there a few times and my impression was that it was the same. The difference was that dashed lines across the minor road at the junction were used less often than in the UK on rural roads, which I found made it difficult to know exactly where you needed to put your front end while you were waiting for a gap in the traffic to pull out.
There are very rare occasions in the UK (and no doubt elsewhere) where the major road is deemed to be the vertical leg and one side of the horizontal leg, with the other leg being the minor road which must give way. But in those circumstances there is very clear lane marking and signage for traffic approaching from the minor leg of the T.
http://img201.imageshack.us/img201/3205/sideroadonbendba1.jpg
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Would be the same in Texas.. The through street generally has the right of way. (I say "generally" since every rule has an exception [except this one]}
Daughter is most likely at fault, I would guess.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

The OP's description suggests that his daughter was on the "alley, private road or driveway" (or at least on a minor road) turning into a major road. So a similar situation to the one that is mentioned, but not identical..

It does sound very much like it. Don't make a pratt of yourself and line the lawyers' pockets by pursing this in court. Barring a miracle, you WILL lose.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

We have the same law in AZ (almost verbatim). But it doesn't apply in this case because the other car was not coming from the opposite direction.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

I see your point. The other car couldnt have been coming from the opposite direction, since it was a T intersection.
Here, the law says that unless otherwise directed, when you enter an intersection (1) right of way is for the person on the direct route and (2) principle of yield to the right applies.
(This is not legal jargon, just normal Merkin)
If there is no stop sign, then the continuous path (the top of the T) has preference.
If there is a questionable situation (a Y intersection), then yield to the right applies.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Cars approaching each other on the through street of a 'T' intersection would be coming from the "opposite direction" so yes that law (below) could be used. It just didn't apply to this particular situation since the driver was entering the through street from the side street.
Here's how you might use that law: If one car proceeding on the through street turned left (to enter the side street) in front of a car coming from the opposite direction causing a collision. The left turning driver would have been cited fro failure to yield using that law.
The law copied from from a previous post:

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I wish I had all your inputs regarding an accident i was in many years ago. I thought it was cut and dry the other guys fault. the other guy lied through his teeth about how 2 other cars nearly hit me. I guess i should have called him on that, that he didn't have independant witnesses to prove that. The other guy had liquor on his breath at the time of the accident, silly me I didn't call the cops to get them to do a breathalizer. I didn't mention that to the judge either, i guess I went into court unprepared. He disobeyed a sign and hit me. Originally the highway traffic board ruled it 100% the other guys fault. When the other guy finished his song and dance, the old judge, whom i am sure was going senile, ruled it 50/50. oh well.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m wrote:

Yeah. You are a troll.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Why do you think Im a troll? I'm simply asking an oppinion about this accident that could cost me a fortune if my daughter is found at fault. I recently posted about the bent wheel on the Grand Marquis. I know what trolls are, they are jerks and I don't consider myself in that category.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Based on what has been posted in the thread so far I'm going to say that the "top of the T" road is the thru road so that person had the right of way. Your Daughter was the one who is responsible to make sure she can make her turn safely. Unless you can prove the other driving was driving at an excessive rate of speed I don't think you have a case.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Motorsforum.com is a website by car enthusiasts for car enthusiasts. It is not affiliated with any of the car or spare part manufacturers or car dealers discussed here. All logos and trade names are the property of their respective owners.