Auto Insurance Claims: intersection collision, tire marks, stop sign


Question
I have been in an accident where I was going straight  and had a stop sign, and the other car was also going straight with no stop sign. I made a full stop and not seeing any cars proceeded forward, but the other car was speeding  and that's why I didn't see him coming. He hit the brakes at the last minute, but still hit my car on the passenger side. There was also a very large evergreen right on the corner which makes it difficult to see clearly to the end of the block. I live in NY, who is at fault here?

Answer
Hi Mira,

If there were witnessess or tire marks on the road that can prove that the other driver was speeding, you may be able to get a 50/50 liability decision. If not the liability will likely be placed solely on you. Since you had the stop sign and the other driver did not, he had the right of way and you are required to use the highest level of care when crossing the intersection.

I hope this helps
Richard Hixenbaugh