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Can you help me determine the at-fault driver?

My roommate was in an accident and wants to sue for "emotional damages," doctors fees, and her totaled car, which I'm against. Essentially she pulled out too far at a stop sign at a T intersection to see if anyone was coming. The car that was coming didn't see her in time and clipped the front of the car, spinning her around a bit. The other people were okay, my roommate went to the doctor's office with a headache and got some pain meds with instructions to return if it persists. She maintains she almost got killed (this is in a residential neighborhood and the speed limit is at most 35, AND she was most likely at fault), and she'll need psychological help to move on with her life. She's forever "emotionally traumatized" and told me she wants to sue for $100,000 or more to this young couple that may not have been paying the best attention, but definitely wasn't majority at fault.

In any case, any civil suit will rely on who is at-fault. This is in California by the way. The other driver didn't have a stop sign so they had the right of way, she's just a really bad driver and moved too far out into the roadway.

So I'm wondering who's at fault, and what the results of such a seemingly-stupid lawsuit could entail. Thank you.

Update:

yea totally gold mining. she said something to effect of "i may have to take a vacation to hawaii to get over the emotional distress." i basically said you're fking kidding me right? i hate people like this, i'm moving out soon :D

Update 2:

thanks. will she be able to get damages in civil court based on her own account that the driver was speeding, or even if she gets witnesses, if none of this is in the police report? is everything in civil court based on the police assessment of negligence?

also, is pulling out into an intersection to see beyond parked cars complete negligence? do they take into account the other driver's ability to stop or is it so clear cut.

Update 3:

Thank you John, very comprehensive. This is pretty much what I told her. She's from Africa, I don't think she understands the problem with frivolous lawsuits and such blatant selfishness. I'm actually surprised one of the lawyers she called agreed to look further into the case. It's obviously an unfortunate situation for her, but I can't sympathize with someone who's a bad driver in the first place, and who tries to use the situation to leach money and time from others, and the over-taxed court system.

Update 4:

It's my business because:

1) I don't want to hear her btching constantly and illogically.

2) I don't want to see a young couple get screwed for something didn't do wrong.

Update 5:

THANKS EVERYONE. One last thing...can someone point me in the direction of the statute? I've been searching around but can't find something specifically regarding this situation.

6 Answers

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  • John U
    Lv 7
    1 decade ago
    Favorite Answer

    This is a civil case and for that amount of damages it would be a miracle if it was moved to the regular docket to be heard. That and one must prove by a preponderance of the evidence the other party acted in such a manner as to cause the harm. If anything your friend is traumatized if she doesn't realize the other party could turn around and sue her after she Loses her case as the preponderance of the evidence is She caused the accident, not the other way around. The traffic law would stand as precedence and she failed to yield the right of way. Sorry but your friend is out of gas and the case will more than likely be dismissed long before a judge will hear it and it may only serve to make things worse by pursuing a civil case against the other party who had the right of way.

    Saw your edit the bottom line is she was wrong, she caused the accident and there is no traffic rule that allows you to do what she did. If the other vehicle had the right of way you are out of gas. You can't prove the other operator was speeding unless you have speed calibrated eye balls. That is why the police use radar. She will have to use the law as it is written to pursue her case to place guilt upon the defendent. Since none exists except for the fact she was wrong legally and has no case there is no case, period.

    CA Vehicle code:

    Obedience to Traffic Control Signals

    21462. The driver of any vehicle, the person in charge of any animal, any pedestrian, and the motorman of any streetcar shall obey the instructions of any official traffic signal applicable to him and placed as provided by law, unless otherwise directed by a police or traffic officer or when it is necessary for the purpose of avoiding a collision or in case of other emergency, subject to the exemptions granted by Section 21055.

    21055 pertains to emergency vehicle, fire, ambulance etc.

    California Laws Relating to Fires and Firefighters ... to the California Laws web page at ... exemption from traffic laws, conditions, effect, Veh 21055-57.

  • 1 decade ago

    Let me preface this answer with a disclaimer: This is not leagal advice, it is merely my opinion based on my experiance as a police cadet in ohio. She is entirely at fault. I would strongly recomend that she stop with the foolish notion of a civil lawsuit. If she does she will lose and then be counter sued. The only scenerio that she might be able win under would be if the T intersection wer a 3 way stop, and the other driver ran the stop sign. Other than that it is entirely her fault. The laws in Cali and Ohio may differ, but, as far as I can tell who ever the responding officer cited as at fault, is the person who is civily liable. Did the other person flee the scene? That could influence this also. But if they did not, her emotional duress and the damage to her car was caused by her own bad driving.

  • 1 decade ago

    Simple. If SHE had a stop sign, and the other driver didn't. She's at fault.

    If you have a stop sign, you can't proceed out into the intersection (which she did) until all traffic is clear.

  • Anonymous
    1 decade ago

    if the other driver was being suing they could be at partial fault if not full fault for negligence.....and whose to say she pulled out too far....this seems like it won't really last in court but she does have grounds of suing on negligence...i see this as alot of money being spent for lawyers that may just be lost.

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  • 1 decade ago

    I don't know about Cali, but every state that I lived in if she was at a complete stop, it is the other drivers fault no matter haw far out she was. But it also sound like she is gold mining.

  • 1 decade ago

    It sounds to me like it is none of your business and your home life will be more tranquil if you stay out of it.

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