Would they win the case? - Betta Fish and Betta Fish Care
 
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post #1 of 8 (permalink) Old 05-16-2012, 03:44 PM Thread Starter
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Would they win the case?

My BFF just got into an accident and shes scared.

She was doing 40 down a road of which the speed limit is 25-30. Someone was stopped in the middle of the road. No hazards no lights. And my BFF being the unobservant driver she is, didn't notice the vehicle was stopped and slammed right into her. BFF's car is not drivable (well not entirely sure but likely not since it was smoking/she hit them that fast)

BFF is okay, just some bruises. And she is afraid they'll try to sue. I think she is just scared and her adrenaline is running through her.

I don't think they'll be sueing. And if they did, they wouldn't be able to win. Both are at fault and if ANYTHING the judge would have BFF pay the costs of their car's damage.

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post #2 of 8 (permalink) Old 05-16-2012, 06:48 PM
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Sounds reasonable. Why would they be stopped in the middle of the road without hazard lights on anyways?

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post #3 of 8 (permalink) Old 05-17-2012, 04:59 AM
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It doesn't sound good for your BFF but I think it depends on state laws.

Does the person she hit have insurance? They can always turn around and claim injuries too. It depends on the type of people they are.

Some will just let the insurance take care of it and others will try to take every advantage they can of a situation.

Your BFF was really the one at fault since she hit them from behind and she was speeding :( Unless the person stopped in the road was in front of your BFF and slammed their brakes on for no reason leaving your friend no choice but to swerve to avoid them - or hit them. That would be the only scenario I can think of where both would be at fault.

My cousin owns a car insurance company in MA so what I'm stating is pretty much based on what would happen in MA even though it claims to be a "no fault" state.

At least no-one was seriously injured. Phew!

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post #4 of 8 (permalink) Old 05-17-2012, 07:03 AM
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Your BFF was definitely at fault here, I hate to say it. She shouldn't have been speeding and should have really been focused on the road. Think, what if that was a child in the road and not a car?
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post #5 of 8 (permalink) Old 05-17-2012, 07:10 AM
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If I'm honest it sounds like both are at fault, Your BFF was speeding, and the other car should have had their lights on, so if they were to try and sue the judge would probably bring up the fact that there were no lights on on the car that was hit, so basically it could go either way.

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post #6 of 8 (permalink) Old 05-17-2012, 08:36 AM
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both were at fault, but if they sued, they'd win. On the simple basis that if she were not speeding and was more focused, this would not have happened.

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post #7 of 8 (permalink) Old 05-17-2012, 10:03 AM
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State traffic laws very from state to state but this seems pretty clear cut (with the info you've given us)....your friend is at fault. She was speeding and is also the one to make contact (did the hitting). In most states the one who does the hitting has the burden of proof, they must prove the impact was unavoidable. It does not matter if they did not have their hazards on, had she not been speeding (and paying attention) she would have had time to slow down and avoid hitting them.
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post #8 of 8 (permalink) Old 05-17-2012, 10:29 AM
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Sorry, that should have been vary not very. I don't know how to edit on here.

Quote:
Originally Posted by MsGita View Post
State traffic laws vary from state to state but this seems pretty clear cut (with the info you've given us)....your friend is at fault. She was speeding and is also the one to make contact (did the hitting). In most states the one who does the hitting has the burden of proof, they must prove the impact was unavoidable. It does not matter if they did not have their hazards on, had she not been speeding (and paying attention) she would have had time to slow down and avoid hitting them.
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