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Percentage of fault at an uncontrolled intersection accident

by Dave

My wife was involved in an accident at an uncontrolled intersection. This was a residential neighborhood with a 25 mph speed limit, in WA state.

The person who hit her was coming from her left side, so was obligated (per state law) to yield to her. He hit her car in the driver's side rear corner panel and bumper, with the driver's side front bumper of his truck. Of course he had no insurance, so we had to file a report with our company.

Our insurance company ruled that my wife was 50% at fault, since she proceeded through the intersection, and an accident occurred, therefore it must not have been safe to do so.

I tried to argue that all drivers are required to use care and caution when driving, so they would be equally responsible, however, the other driver violated the state law and failed to yield at the uncontrolled intersection. His failure to obey the law was absolutely a contributing factor to the cause of the accident, so he would have to be more liable than my wife.....

I am waiting to see if the insurance company is going to adjust their ruling.

Answer to Percentage of fault at an uncontrolled intersection accident:

Hello Dave,

Well, your wife seems to have the stronger case. The fact that she was to the right gives her the right of way. It appears that she was hit on the rear portion of her car, which would imply that your wife already had control of the intersection at impact.

50 – 50 seems a little to high on your wife, and you want to make the insurance document why this is a 50 – 50. You do know that even though she had the right of way, she still has to slow down and look before entering an uncontrolled intersection (as any other intersection). There is probably some negligence on her, we are not sure it is 50%.

Good Luck.

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