Legal Question in Personal Injury in California

at fault accident

I was involved in an accident where technically speaking I was at fault, but i felt honestly, that I was not. I had a stop sign, i looked left and then looked right and started out in to the intersection and a car broadsided me on the drivers side. The road where they came from was not straight there was a curve in the road, and if they had been going the speed limit they would have been able to stop but they came around that corner too fast for them to stop and they hit me. So I am the one who is at fault, I am the one who has injuries and I am the one who has a totaled car and can't fix it. Is everything so black and white about a situation such as this, because I'm sure if the insurance companies went to the scene they would have seen the road and put up an argument about who was at fault instead of immediately condemning me, as if i ran a stop sign. On top of it all the two thatt slammed into me were chinese and could not speak english or maybe they were pretending they couldn't . How can they know the vehicular laws if they can't speak our language?


Asked on 4/17/09, 2:48 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: at fault accident

Looking for somebody to that you did nothing wrong is wasting your time. Turn it over to your insurance company with your version of the facts, and hire an attorney if you want to fight the ticket or criminal charges brought against you. You could consider filing suit, but if you were charged by police as 'at fault', that case is questionable at best.

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Answered on 4/17/09, 5:05 pm
Terry A. Nelson Nelson & Lawless

Re: at fault accident

Looking for somebody to say that you did nothing wrong is wasting your time. Turn it over to your insurance company with your version of the facts, and hire an attorney if you want to fight the ticket or criminal charges brought against you. You could consider filing suit, but if you were charged by police as 'at fault', that case is questionable at best.

Read more
Answered on 4/17/09, 5:05 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: at fault accident

Your question doesn't say whether you stopped at the stop sign, which is a critical fact. if he did, and if the other car really would have been able to stop had it not been speeding, then I don't agree that you were at fault. What makes you believe that you were?

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Answered on 4/17/09, 3:25 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: at fault accident

Your situation is not as open and shut as people have led you to believe. There are a number of things which will control whether you are at fault or whether they are, but I need to know much more.

I have offices in San Francisco and have been doing personal injury litigation for over 30 years. You might have a valid claim. You can call me for a free consultation. Tell me the facts; answer my questions; and I'll tell you whether I think I can help you. It is not necessarily hopeless. You may come out on top and get YOUR losses paid. I am assuming though that your use of the term "insurance companies" means that you too were insured.

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Answered on 4/17/09, 4:05 pm


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