Guys, My cousin got into a car accident. What happened was she got out of a parking spot and went into a right lane (2 lanes and a left only lane), trying to go to the into her first lane when a car went by with speed of 45 on a 35 and came into part of her lane and hit her side front fender and bumper.... the whole fendor is damaged, part of the front bumper, and headlight both airbags came out from the driver door side. Whos fault is it? Because what the other guy is syaing is that she was trying to make a u-turn when she came out of the parking spot (she was oging 10-12mph) and is it bad the airbags came out? Its not considered salavged right?+

 

its whoevers fault the cop says it is.

really though its a split fault accident.

 

sorry the law may say your cousin is at fault.
from what i gathered she was going to merge on to the street
from a parking lot.
if so the guy had the right of way.

 

In illinois:

Her fault. Improper lane usage. Too long to explain why though.

cliff notes: You can only turn into the lane closest to you and must yield right of way.

 

damn she got owned, and if her airbags deployed then it she might get a salvage title or even totalled.

 

yea but even though she was alrdy over 10mph+ of speed?

 

In some states excessive speed can make the accident the other persons fault, although at only 10 over she should have waited and not merged into the other lane.. really, insurance companies will usually battle it out for you and you don't have to argue with the guy at all.. the cop on the scene will usually try to assign blame but that doesn't always stick. The reason being that the accident reconstruction people will figure out exactly what happened.. ofcourse she could always claim he sped up to purposefully hit her :P

they could also assign equal fault because, 1 he was speeding, 2, sounds like he didn't even attempt to avoid the accident.

 

so let me get this straight, was she in the lane already, and the other guy got into her lane? I'm saying so she pulled into the right lane, was driving in it and the other guy went into her lane when she was already in it?? If so I don't see how it could be her fault, unless I interpereted it wrong.