I was almost through an uncontrolled intersection when a truck hit my rear passenger side. He is claiming he had the right of way because he was on the right and told the officer while I was in the ambulance it was my fault. I was issued a citation. The citation was dismissed because the City Attorney questioned how the other driver had the right of way when he hit the rear of my car, the first car to enter the intersection has the right of way. He was driving at a higher speed than I was.
First, I am sorry you have been involved in a car crash, I know that is a challenging situation to deal with as I have helped many clients through it over the years.
Second, yes, location of damage can help to determine who is at fault in a car crash when the drivers' stories or statements about the car crash are not the same.
Third, under Utah Law, since you state you were almost through the intersection when the truck hit the rear passenger side of the vehicle you were driving, then the attorney for the city was most likely right in dismissing the citation you received because you probably had the right-of-way and the other driver was at-fault.
Fourth, I since you were in an ambulance when the other driver talked to the investigating officer and claimed you were at fault for the car crash, were you injured?
If you were you taken to a local Emergency Room for medical evaluation? If not, why? Did you soon after the car crash go to a medical facility and get evaluated for injury? If so, what are your injuries?
When did the car crash happen? In which city and county in Utah did it happen? These and many other questions should be discussed immediately with a local injury lawyer. At that meeting, bring proof that the citation against you was dismissed.
You should immediately call a local injury lawyer here in Utah to talk about your case in a free consultation to discuss your car crash case.
I wish you well during this hard time in your life.
William Enoch Andrews
Injury Lawyer & Wrongful Death Lawyer
I'm sorry to hear about your situation.
As previously mentioned the location of the damage may assist in a determination of fault. There are also other factors that may assist in this determination.
As it sounds like you are injured, I hope that you continue with your medical treatment. In the meantime (as previously mentioned) contact a trusted local personal injury attorney to discuss your case. Consultations are generally free, and most personal injury attorneys work on a contingency fee basis. This means that the attorney does not charge an hourly rate, rather, they are paid from the insurance settlement at the end of the case.
I hope you feel better, and I wish you luck through this difficult process.
I am sorry to see your note. The other driver is simply inaccurate as to the law. In an uncontrolled intersection, If both driver arrive at the intersection at the same time, then the driver to the right has the right of way. But, per your note, that was not the case here. The impact shows you had entered the intersection before the other driver. Now, Utah law would allow a jury or arbitrator to review the circumstances of the case and assign some percentage of negligence to both drivers. But, the other driver would have to show you were 51% or more at fault in causing the accident before he received any compensation for his property damage or his injuries. Similarly, if you brought a claim against his auto insurance, the same issue would apply. If a jury or arbitrator awarded you some amount of the fault--use 20% as an example, than your damages are reduced by the percentage of fault assigned to you.
Keep in mind that regardless of the above fault analysis, your auto insurance will pay some no fault to you. Those benefits include medical coverage of at least $3,000. Your auto carrier will pay some lost wage help per the no fault policy and some house hold service help if it is needed. Again, these benefits do not depend on who's fault it was.
I hope the above helps.
I wish you the best in getting through this.
Yes, but it is not the determinative factor in assessing liability.
It is just one of the pieces of evidence both insurance adjusters and courts use.
If you were injured, your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverage available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
I'm sorry to see that you were in a car accident. Injuries from car accidents can be very challenging and it looks like you have been thrust into a situation you had no control over. The short answer to your question is yes, location of damage can help determine liability but it won't be the only factor that a judge or jury would look at. The good thing about location damage is, it is what it is. What I mean by that is, it is an independent source of information that will help you resolve who was at fault for the accident. I would consult an attorney to help you navigate this complicated situation.
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