offset intersection question?

Question

Recently, my wife was in an accident. I'll give the street names, not because you will know the intersection, but because it will make it easier to identify the details.

1st and Kessler

My wife was traveling Eastbound on 1st St. The driver of the other vehicle was traveling North on Kessler. This put her on the right side of my wife. This is an uncontrolled intersection with no traffic signs at all. My wife approached the intersection and slowed, did not see anyone and began to go through the intersection. She saw the other vehicle come towards and into the intersection without slowing. She slammed on her brakes and made contact with the rear driver's side of the other vehicle. 

Now the other driver's insurance company is saying my wife is at more than 50% fault because she should have yielded the right of way to the other driver, even though the other driver actually reached the intersection just after my wife did. And on top of this Kessler (the street the other driver was on) is offset through 1st street. Meaning that as you travel North on Kessler, approaching 1st St, as the other driver was, the right hand side of the road actually lines up with the LEFT hand side of the road as it contienues AFTER it crosses 1st St. 

What i don't know is why my wife is being called at more than 50% fault, when I believe it should fall at 50% each. And How much offset does a street need to have before it is considered 2 intersections? This is in Kansas

https://maps.google.com/?ll=37.685684,-9…

This is the intersection. I appreciate any help.

Bruce · Accepted Answer

Your wife is at fault. The person on the right has the right-of-way.

Your link shows the entire US, so it does not help. However, I can say from a legal standpoint your argument that your wife got there first is not very strong. The law in my state says "when two vehicles approach at approximately the same time". The fact they collided tels me the phrase applies.

Writergrl21 · Answer

At intersections where there are no traffic directions, all drivers are responsible for yielding. They need to be aware of another vehicle in the area, and the fact that you said your wife hit the other driver in the rear of the driver's side suggests, in a legal arena, that your wife is more at fault than the other driver. Of course the other driver should've been paying attention, but there is almost no situation in which the person who rear-ends someone isn't at fault.

? · Answer

At an uncontrolled intersection, a driver should yield right of way to the vehicle on his/her right.  Your wife failed to yield to an oncoming vehicle, and is more than 50% responsible for this accident.  The rest of the BS you threw in about offset intersections, etc really doesn't matter.

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offset intersection question?

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