Expert: Anne - 9/16/2010

Question
I was involved in an accident where a car ran a stop sign and I hit her.  There was no stop sign for me.  Her insurance co is trying to say that a percentage of the fault is mine.  that I should have been able to see that she was not stopping and since the speed limit was 30mph I should have been able to stop in time.  She received 2 tickets I was not ticketed.  Is this right?

Answer
Hello Judy,

There is not enough information here to determine if you are partially liable for the accident. Despite the fact that they ran the stop sign, you do have a duty to look out and to avoid and accident. If you did not see her or did not try to avoid the accident, you could be liable.

However, a duty to stop at a stop sign is very very strong.

Please see more about fault and how it is determined here:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

I hope this helps,

Good Luck
Anne
http://www.quirogalawoffice.com/