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In Reply to: Just took Business Law class in college posted by Mike on December 06, 1999 at 12:56:22:
This is different then Tom's case. My take on this is that there were more than 1 vehicle traveling on the wrong direction in a one way street. If I was a lawyer (which i am not but my major was law, so don't consider this legal advice but just my opinion) I would argue that the two vehicles were chasing each other for one reason or another. If you can show that they were related and/or if there were witnesses that saw them driving around the neighborhood "chasing each other" then you'll probably have a strong case. The guy that hit you probably wasn't paying attention which is pretty obvious since he was driving down the wrong way and that is why "he hit you." I would emphasize that when you talk to your insurance agent.
BTW if you want to you can either sue the city or the person who owns the bush, because its their responsibility to trim such obstructions so that they do not become a hazard.
Rick Kim
: The presidence with cases like this is that your at fault no matter what the other driver was doing. Since you are making a lefthand turn across a lane of traffic it is your responsibility to make sure that no accident occurs. In a case we talked about in class (can't remember the citation), a guy making a lefthand turn was hit by a teenage going way over the speed limit. The place were the guy was making the turn was at the base of a hill, so he didn't see the teenage until it was too late. Anyway, the judge ruled that even though the teenage was speeding it was the responsibility of the guy making the turn to make sure it was safe. I think that it when to a Supreme Court (probably a state one, not the US).
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