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Had a same situation as beth 2 way stop sign other driver…

Had a same situation...

Had a same situation as beth 2 way stop sign other driver had right away etc. However the speed limit was 35 mph. Person seen the car thought they could get across on time but other car was speeding. Cant prove it because no skid marks because pavement was wet. But pictures tell it all no way this person was going 35 mph with this damage.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Arkansas

Lawyer's Assistant: Do you need to appear in court?

Dont know just happened today. My son was in passenger seat and it flipped on the side

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a picture if needed. Just wondering what his friend can do in case they get sued.

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Answered in 3 minutes by:
11/15/2017
Nisha Jones
Category: Legal
Satisfied Customers: 3,182
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good evening, I am an attorney expert with the JustAnswer website and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about this situation.

Was your son's friend given a traffic citation for failure to yield or reckless driving?

In regards ***** ***** civil suit, if your son's friend had a stop sign and the other driver had the right of way, then yes your son's friend could possibly be sued for negligence.

However, given the fact that the other driver was speeding they would be responsible for contributory negligence, which would greatly reduce any amount of monetary damages they could seek to recover.

Your friend's son should of course seek to have an attorney represent him in his traffic or criminal case, as well as in a civil case, if one is ever filed. If he cannot afford a defense attorney at this time, then depending on what he was cited for, one will be appointed to him by the court, free of charge, at his first court date.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
failure to yield ticket was issued. But how do we prove the speeding part? No way if they were going 35 would car flipped over.

The speed of the other car is irrelevant for the ticket based on a failure to yield.

The question in court for that ticket will be whether or not your son's friend stopped at the stop sign when he was supposed to.

The speed of the other car would come into play if there were other alleged criminal charges, such as reckless driving, or in a civil lawsuit.

The way that would be proved in a civil lawsuit would be through the use of the photos, coupled with an expert's testimony. This would all be handled by the civil attorney representing your son's friend.

I hope that helps clarify things. Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

Nisha Jones
Category: Legal
Satisfied Customers: 3,182
Experience: Managing Attorney at Nisha Jones Law, LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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