Car Accident who’s at fault?

[sharon0110]

Car A makes an illegal u-turn, marked with a sign. Car B behind it doesn’t brake slams in to the side of the illegal u-turn car.

Car À gets cited for illegal u-turn. Car B gets cited for driving on revoked license.

Both cars are totaled from the wreck.

Who’s at fault? This happened in Virginia, USA.

EDIT: edited to add that yes I am Car A. So I wasn’t making a u-turn. I was trying to make a left hand turn into a residence. There was a sign saying no u-turn at where I turned and I got ticketed for that even though I said I was turning left.

I only said driver had no license/revoked and no insurance because that’s what the cop told me. They made no attempt to stop or slow down. There was no tire marks or the smell of brake pads.

Link is a crude drawing on what happened.

https://ibb.co/51f462c

 

[davelew86]

@sharon0110 Car A made an illegal turn. Car B has a paperwork issue. Why should paperwork Trump an actual cause of a crash?

 

[slingmama]

@sharon0110 I don't think car b citation matters. I'd put fault on A with more info possibly some shared and possibly majority or all but not with the current fol

Edit errrrr I don't think there's info here to decide this could just effectively be a rear end

 

[resjudicata]

@slingmama This is correct in your comments below you were leaning to B which is incorrect based on A's statement

 

[kaririopelle]

@sharon0110 I vote 70/30; majority on car A.

 

[ejcopping]

@kaririopelle I agree with the comparative negligence. call. Although I would probably be more of the 80/20 myself.

 

[kaririopelle]

@ejcopping Ya I could be persuaded with less on B, pending where the dmgs are located on A

 

[sharon0110]

@kaririopelle Car À was hit on rear driver side door.

 

[slingmama]

@sharon0110 If car a wasn't making a u turn and just slammed on their brakes would the accident still have occurred?

 

[sharon0110]

@slingmama Yes. Car B didn’t brake at all, there was no tires marks except for Car A’s from getting hit.

 

[resjudicata]

@sharon0110 Tire marks don't indicate braking

 

[slingmama]

@sharon0110 Sounds more like car b was following too closely and is at fault. Hard to say for sure without getting statements from both since info is limited

 

[slingmama]

The poi seems odd though if you were turning into a driveway and they were passing on the left it could be on you

 

[sisulumi56]

@kaririopelle Eh, I’m an adjuster. I’ve seen situations like this where Car B is majority at fault. You still gotta maintain proper distance and you have the duty to avoid an accident. I wouldn’t be surprised if Car B was majority here.

 

[resjudicata]

@sisulumi56 No not even close whipping an illegal U-turn trumps it. Plus POI is destroys the following too closely. You might get a small percentage on Car B due to improper lookout.

 

[nondwe]

@sharon0110 Unless I'm mistaken, Virginia still uses contributory negligence, where if you are found to be even 1% at fault, you may not be able to receive compensation. While the revoked license itself wouldn't be considered this 1%, it may cause the other company to try to do whatever they can to place you somewhat at fault.

 

[boabeserk]

@nondwe The revoked license did not. With the POI I’m with the assessment of comparative for not taking evasive action...failure to reduce speed to avoid and accident and following too closely. That would negate their right to recovery.

 

[sharon0110]

@boabeserk Car B did not attempt to evade or stop. I edited the post for more background information.

 

[daniel22]

@sharon0110 Since a revoked license isn’t related to the cause of the accident, Car A will likely be at fault.

Imagine if Car A rear-ended Car B that was stopped at a red light. Car A can’t blame Car B for having a revoked license for the same reason.

 

[nucc]

@sharon0110 I need the full account. Had car A completed the Uturn and was the. Hit, or are they doing the uturn and hit from behind.
Car B citation isn’t an issue at all.