Visitor Question

Who is At Fault in this Side Impact Car Accident?

Submitted By: Lynn (Mississippi)

I had my signal on to turn left onto a two lane highway. I looked to make sure there were no other cars coming from the opposite direction. There were none initially but when I looked back to my left a car was coming. He had on his signal to turn to the right so I pulled out to turn left and the driver of the car hit me.

My driver’s side door and front axle are damaged. The front end of his vehicle was also damaged. Neither of us had a license or insurance and we both got tickets. He seemed to be fine but I have a bit of head trauma.

Who’s at fault here? Can I still get my license and/or insurance to help with my case?

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 Lynn,

You have posed two questions. Let’s try and answer them one at a time…

Under almost all circumstances a person entering an intersection must yield to another driver coming from either direction. You had your turn signal on to make a left turn on a two lane highway.

It appears you looked both ways before entering the intersection, and when you saw the other driving toward you she had on her right turn signal. With that in mind you apparently believed she was going to make a right turn before she came close to you.

Under other circumstances your well-founded belief would be enough to absolve you of liability. Unfortunately in automobile collisions your well-founded belief will not be enough to protect you from liability.

In the State of Mississippi, as in all other states, a person entering an intersection must yield to oncoming traffic. There is an exception to that rule.

If there exists sufficient proof through eyewitness, accident reconstruction experts, or police testimony that the driver entering the intersection did so when it was clear and safe, and the oncoming driver was driving at a speed which was not only unreasonable, but almost criminal in its reckless disregard for the safety of others.

This exception is very difficult to establish.

In the State of Mississippi, in the case of a vehicular collision causing property damage, the person’s drivers license will be suspended if they were without insurance at the time of the collision.

The suspension will not be lifted until such time as the driver pays off the victim’s property damage.

In the case of a person who doesn’t have a driver’s license at the time of the collision, and where property damage occurred, that person will not be permitted to apply for a driver’s license until such time as the property damage has been paid in full.

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: September 4, 2011

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One thought on “Who is At Fault in this Side Impact Car Accident?

  1. Everything turned out alright on my behalf. I have to get my license and insurance and my fine goes down. It turns out I wasn’t at fault because of eyewitnesses and the fact that the person who hit me was going faster than the maximum speed allowed.

    I would like to thank everyone who helped me get the answers I had been looking for.

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