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Andrea, Esq.
Andrea, Esq., Attorney
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My wife was in a residential areaa and slowed to make a left

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My wife was in a residential areaa and slowed to make a left hannd turn. The guy behind her thought she was parking and passed her at the time she turned and they collided. Is she the one responcable for the accident? The police did not issue a ticket and the other driver thinks she was the one at fault.

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From your description, I cannot see how your wife could be at fault. This is how I see the picture, Your wife was in front of the other driver, she slows down to make a left turn; The other driver was behind your wife and wanted to pass her, but he miscalculated. A driver desiring to pass other vehicles can do so only after he is certain that he can pass safely, without jeopardizing the safety of other motorists and without causing an accident. The other driver's miscalculation caused the accident because if he had assessed the entire situation before he attempted to pass your wife, he would have delayed his move until he could pass her safely. He did not do this and, therefore, caused the accident.




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