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Jeffrey Lapin

Jeffrey Lapin’s Answers

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  • I was turning left and car opposite facing me was turning their left, so turning opposite directions both stoped at unmarked

    intersection, so we both aggreeingliy turned, from behind the car turning with me, came a car from a block away, when she got close i was almost of the street but noticed she was looking down and never looked up or touched her brakes and she hit m...

    Jeffrey’s Answer

    There are no "absolutes" in open (unmarked) intersection accidents. The driver on the right has "directional" right-of-way. However, a vehicle may have "positional" right-of-way if it is mostly through the intersection before the other vehicle enters the intersection. A driver has a duty to avoid a collision if he/she can.

    In most cases when one vehicle has "directional" right-of-way and the other has "positional" there is usually a split of fault between the vehicles. In Nebraska, to recover you must be less than 50% at fault for the collision. If it is 50/50 neither vehicle/driver can recover against the other. As long as you are less than 50% at fault, you recover your damages less your percentage of fault. For example, if your case is worth $1,000 and you are 25% at fault, you would receive $750.00.

    Your accident sounds like the situation I described with "positional" and "directional" rights-of-way. I cannot assess the actual fault between you and the other driver without more information such: as where you were in the intersection when the collision occurred; the speed of the vehicle that struck yours; the points of impact on your vehicle and the other vehicle.

    You should consult with an attorney to further discuss your case and determine whether it was pursuing.

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