Friday, December 16, 2011

Who is at fault for an accident: Failure to yield or DUI?

I live in Colorado and was in an accident a couple of months ago. I was crossing an intersection with a two-way stop. I had the stop sign. I did stop and check for traffic. There were several cars parked along the curb and made it difficult to see. As soon as I was sure it was clear, I proceeded through the intersection. About mid-way through, I saw a black car heading toward me. The driver made no attempt to slow down. He sped up actually. He finally slammed on the brakes when he was about 100ft away, but he hit the back end of my car anyway. My car spun a complete 180 degrees. Police and EMTs were on scene within a few minutes. An exam was done and they determined that my back was strained and my shoulder might have some separation so I was taken to the hospital. Several hours later, a police officer showed up and gave me a ticket for failure to yield. The other guy's insurance company wants me to pay for the repairs to his car (nearly $8,000). I finally received a copy of the police report. Under the heading for Primary Violation it says: Driver of veh 1 (that's me) took row at stop sign. Driver of veh 2 (that's him) DUI. So my question is: am I really at fault if the other driver was drunk at the time of the accident?

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