Posted: 01 Mar 2008 04:45 Post Subject:
You mention nothing of _where_ she was stopped. I'm guessing there is not left turn lane... as left turns are not permitted. As such, I'm guessing she was stopped in a "through" lane.
Both parties are at fault. There is _no_ good reason why the person behind her should not have seen her stopped and not rear ended her. But also, there is no left turn for a reason, most likely because it may result in an accident (hmmm...). I'd place most of the fault against the other driver as he/she was the proximate cause, had the last clear chance to avoid the accident, and again there is no good reason why he/she did not see your wife. I'd go with 80% against the other driver and 20% against your wife (without knowing any other details). In some states this bars either party from any recovery. In some states it would bar the other party from any recovery. And in other states each party would pay the other one their portion of fault.
Posted: 01 Mar 2008 05:09 Post Subject:
I think teddy if you can supply some more info it'll help the adjusters around this community to see into the matter more transparently. However, apparently it seems that tcope's version about the accident is correct.
Posted: 01 Mar 2008 05:29 Post Subject:
Hey its not going to be a very easy task to determine the responsibility of the accident. I'd like to put forward few queries
- Did your wife stopped suddenly?
- At what speed the cars were moving in the lane?
- Did the driver at the other vehicle got enough time to react to the situation?
Both the drivers have to share the responsibility of the accident certainly, but the percentage of their contribution towards it will depend upon the circumstances as well.
Thanks to all,
Lake Nace Dragon
Posted: 01 Mar 2008 03:51 Post Subject:
More information would be benefical to us. Personally I'm with tcope, however I'd more than likely attempt (at first anyway) to place 100% of the blame on the other driver, then maybe settle for 80/20. Regardless of the reason your wife was stopped (assuming her brake lights work), the other driver should've been able to avoid her. What if a kid ran out in front of her and she stopped? hmmmmmmm?
Please provide more information re: the lay of the land, the speed limit etc. also what did the police report say?