Daunttless wrote:Maybe the other guy ran a red light as he was going thru the intersection, and so he t-boned him. It would be the other guys fault for failing to yield the right of way. : )
Even if the guy was stopped in the middle of the intersection, or running a red light.. or thumbing his own corn hole.. fault will be placed on both drivers if the other guy did anything wrong at all. It's just like if someone pulls out in front of you.... if you hit them... it's still partially your fault, depending on state statute... if you hit from the driver's door back. If they t-bone YOU while they are running a red light.. their fault. If they hit you while pulling out of a driveway or something.. their fault. But if you hit THEM, it is assumed you had time to stop or take evasive action. I was found 10% at fault by the police for a plow truck taking a RIGHT-hand turn from the LEFT lane with no turn signal.. and running ME over!! I was traveling in the right lane, next to him.. he didn't see me and made an illegal turn. Supposedly I had time to react and should have... It sounds lame, and it sucks.. but realistically I can see the officer's point.
Besides that.. in nautybynature's brief explaination he said he hit the brakes and it was wet, and he had no ABS... obviously under those conditions he was not driving within the limits of his vehicle, driving skill, and weather conditions.... it's at least partly his fault..... Oh well.