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View Full Version : Car accident, who's at fault?


TNLK
06-09-2011, 12:58 PM
Wife and I just got in a car accident yesterday; no one was injured or hurt just shaken up. We were traveling 35 MPH on the surface streets in lane #1 towards an intersection with 4 way street signal lights. We where the last car in the column approximately 200 ft behind everyone else, about 20 ft before we cross the intersection the car that was stopped at the cross street to our right pulled forward into our path. Wife slammed the breaks, skidded and hit the other car driver side front end between the side mirrors and tires both cars ended up in a dead stop in the middle of the intersection. There were no other cars behind us or the car we hit. Like 5 seconds after the hit there was already a CHP parked behind us I guess he was not too far behind us also. We moved our car off the streets, CHP took our info assess the car and told us we can leave. Our minivan is still drivable, just busted bumper, broken head lights, dented side panel and hood. The other car was not drivable, pretty much the same damage but the left front tires are pushed inwards, they could hardly steer the car. I swore I saw we had a green light and my wife swore she did too, we were not having a conversation or fiddling with the electronics either.

So we’re still waiting to the CHP report to find out what the officer has determined. Not so worry about the car, auto insurance will take care of that. I’m more concern about who is at fault. So my questions to anyone that’s been through this or LEO’s that had dealt with this before how is this going to be determined. If you have any questions that I didn’t describe reply to thread and I’ll shall answer.

Thanks,

Falconis
06-09-2011, 1:17 PM
As long as you guy's had the light you're good. I may be missing something though.

tyrist
06-09-2011, 2:40 PM
Your description is not very good.

Was there a car stopped in the intersection attempting a left hand turn?

Samuelx
06-09-2011, 3:12 PM
Request a copy of the report and see if you're listed as Party 1 or Party 2...

TNLK
06-09-2011, 3:34 PM
Your description is not very good.

Was there a car stopped in the intersection attempting a left hand turn?

Sorry if my writting may not be very clear, but there where no cars attempting to corss the intersection. There were cars traveling the opposite direction north to south were we where going south to north.

Request a copy of the report and see if you're listed as Party 1 or Party 2...

We've called CHP, they said the report is not in yet since it was just yesturday. Is there a explination as to party 1 or 2?

FLIGHT762
06-09-2011, 4:13 PM
Is there a explination as to party 1 or 2?

Usually, Party 1 is the Party listed as most at fault in a CHP 555 collision report. In the cause or conclusion of the report, the Officer will explain who is at fault and the appropriate CVC section quoted.

In your situation, it appears someone ran a red light. It will depend if there are independent witnesses statements. If it is your and your Wife's word and only the word of the other driver (assuming you all state the light was green when entered) there may be an unable to determine fault due to conflicting statements and no independent witness statements.

Hopefully, someone may have has a clear observation of the accident just before it happened and was able to give a statement.

jaysen
06-10-2011, 1:35 PM
To vague description to really provide a solid answer but I'll give it a shot....

Any witnesses/other motorist stop and provide info to the Officer? If the CHiPpie was behind you and pulled up almost immediately after, a good chance he witnessed the incident and therefore no need (or lack of) to interview other motorist.

Based on this statement here, and going based on how most of my City's major intersections cycle, I would assume that the light eventually cycled Yellow, then Red, prior to you entering due to your "200ft behind" other cars - Although 200ft behind the last car traveling at 35mph doesn't seem quick enough for a light to change from green to red I would only ASSUME it began to change during the convoy before you entered.

We where the last car in the column approximately 200 ft behind everyone else, about 20 ft before we cross the intersection the car that was stopped at the cross street to our right pulled forward into our path.

I would even go further to say if the car was stopped at the intersection PRIOR to entering, and you saw him/her, chances are the light did in fact did cycle green for them therefore leaving you/wife at fault for running the red. Again only Assumption, and you know what they say about those :)

Hope this helps some...

Roddd
06-10-2011, 5:09 PM
Witness statements are key here. I'm glad you guys are ok.

TNLK
06-12-2011, 11:04 PM
Thanks for the input everyone. We've call the CHP office and the report still not avaliable.

Jaysen, I understand what you mean. However I went back to the intersection over the weekend and put myself in the other car position. I noticed that the the left turn signal
designated for the cross street (the street that I was on) was isolated on the street corner from the other lights hanging above and was placed at an angle. So if the other driver saw a slightly angled green arrow they though it was ment for them to go left also. It did tickled the brain thinking it was a green for me to go too.

Anyways I'm done thinking about it, get over it and move on. I'll let everyone know what the reports says. Its late good night!

email
06-13-2011, 12:57 AM
35mph=51.3 feet per second.
Yellow light in a 35 should be 3.5 seconds.

kel-tec-innovations
06-13-2011, 1:27 AM
:useless: Just kidding, pictures or video would help to identify who is at fault

eviioiive
06-13-2011, 10:54 AM
steer to the rear

thefiveoh
06-14-2011, 3:18 PM
unless there was an injury, the chp most likely didn't complete a triple nickle and fault was not determined. but I am not up to date on the practices of the chp.

jaysen
06-17-2011, 6:17 PM
35mph=51.3 feet per second.
Yellow light in a 35 should be 3.5 seconds.

I knew there would be one person bound to post the conversion! hahaha. GJ !