The Shoulder
The Shoulder
51
brave-crane-200

my sister hit someone who cut across traffic — everyone says she caused it but I don't think so

I'm posting this because my sister is a wreck right now and I'm trying to help her figure out what actually happened legally.

She was driving home from work on a four-lane road — two lanes each direction with a raised median. There's a gas station on her side of the road, and someone coming from the opposite direction decided to make a left cut across all the lanes into that gas station. My sister was going straight in the right lane, totally normal speed, and the other driver just swung across in front of her. She T-boned them pretty hard.

Here's where it gets complicated: the car in the left lane next to her had already stopped to let the other driver cross. So from my sister's angle, she couldn't even see the car coming because that stopped car blocked her view completely. By the time the other car cleared the stopped vehicle, there was zero time to brake.

The other driver is now telling their insurance it was my sister's fault because she was "the one who hit them." My sister, because she was panicked and shaking, said something like "I'm so sorry" at the scene. She didn't say it to police or insurance — just kind of mumbled it in the chaos.

Her car is probably totaled. She's sore and went to urgent care this morning. She has no idea how fault actually gets decided and honestly neither do I.

Does the fact that she apologized at the scene hurt her? And is there any argument that the driver cutting across four lanes of traffic is mostly at fault here? Any insight from people who've been through something similar would really help us out right now.

12replies

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12 replies

  • 20
    gentle-owl-870

    The other driver's insurance is going to push hard to pin this on your sister — that's just how it works. They'll use the "she hit us" narrative as long as they can because it protects their driver. Do NOT let your sister give a recorded statement to the other driver's insurance without thinking it through carefully first. They are not on her side, even if the person on the phone sounds super friendly and sympathetic.

    • 10
      gentle-driver565

      Going through something similar right now. Did following up actually move the needle for you?

  • 17
    steady-grouse-178

    Oh man, this is almost exactly what happened to me two years ago. Someone crossed a median to get into a parking lot and I plowed right into them because I literally had no warning. My first instinct was to apologize too — it's just a human reflex when something scary happens, it doesn't mean you're admitting you did something wrong. In my case, fault ended up being split but heavily on the other driver because they had a duty to yield when crossing active lanes. Tell your sister to stop stressing about that apology.

    • 7
      steady-passenger176

      Seconding this. The same approach worked for me last year.

  • 17
    clear-elk-408

    Ugh, my heart goes out to her. Being in a crash is traumatic enough without immediately having to navigate all this fault stuff while you're still shaking. Just want to say — the apology thing is so normal. Literally anyone would say sorry in that moment. It doesn't mean she caused it.

  • 17
    patient-dove-102

    Three things she needs to do right now: (1) write down every single detail she remembers about the crash before memory fades, including that stopped car's position, (2) get photos of the scene if she hasn't already — even going back to the spot helps, (3) don't talk to the other driver's insurance alone. That's it. Everything else can be figured out, but those three things matter right now.

  • 14
    curious-vole-143

    Please make sure she follows up beyond urgent care if she's sore. I've seen so many people brush off soreness after a crash and then three weeks later they're dealing with soft tissue stuff that's way harder to treat because they waited. Get it documented now, even if it feels minor. It matters for her health and for any claim she might have.

    • 1
      hopeful-passenger636

      Really glad you posted an update — gives the rest of us some hope.

  • 12
    bold-marmot-988

    Was there a police report filed? And did the officer note anything about the stopped car or the other driver crossing lanes? That report is going to matter a lot here. Also — were there any other witnesses around, like people at the gas station or nearby? A witness who saw the other car crossing lanes would really help her case.

    • 4
      thankful-late-shift263

      Following up on this — any update on how it turned out?

  • 11
    clear-dove-608

    Not legal advice, but the general principle here is that a driver crossing oncoming lanes of traffic to enter a private driveway or parking lot typically bears a significant duty to yield and ensure the path is clear. The "blocked sightline" situation you're describing is actually a recognized factor in fault analysis — it can work in your sister's favor because it speaks to why she had no reasonable ability to avoid the collision. The apology at the scene is unlikely to be legally meaningful on its own, especially since it wasn't a formal statement. Still — she really should talk to a PI attorney before giving any recorded statements. Most do free consultations.

  • 10
    genuine-badger-982

    I used to work claims and I'll tell you straight: when I saw a fact pattern where one driver is crossing multiple lanes of active traffic, that driver almost always carries the majority of fault in our internal assessment — even if the other side's adjuster is arguing otherwise. The stopped car creating a blind spot is actually a big deal too. That scenario has a name internally, something like a "threshold" or "stopped-car" hazard, and it's well recognized. Make sure your sister's own insurance knows about the stopped car. Get her to write down everything she remembers right now while it's fresh.