Visitor Question

Liability in Rear End Collision…

Submitted By: Skylar (Manchester)

I was at a stop sign at the corner of a two way street and a one way. I looked to see if anybody was coming and there was nobody. Then when I was almost through the intersection somebody hit the back end of my car from the cross street.

The cop said the lady who was driving was pulled over dropping somebody off, so she wasn’t in the road at the time when I crossed, but when I was almost through she decided to pull back onto the street and go without looking.

So even though she had the right of way and I had a stop sign, would she be at fault because I stopped and she pulled out without looking?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Skylar,

Skylar:

You’ve heard the expression “It ain’t over till it’s over”. Well that seems to fit perfectly into your set of facts. It sounds as if the police officer may have cited you with a traffic violation for “failure to yield right of way”.

If so, the only way you are going to find out for sure if you’re right about your claim is to enter a plea of not guilty to the traffic violation and set the case for trial. Other than that our opinion would be tentative at best under the circumstances.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 23, 2011

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