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Do I have to slow down for Predestrians or children who are walking on the sidewalk? Or can I keep driving?

I got into an accident with some idiot asian lady. I'm on the main road and she is entering a intersection, however she has a stop sign and she must check traffic before entering intersection as well as yielding to traffic in the intersection since I have the right of way. She does not yield to me, and I slam on brakes and hit her anyway. The insurance company said its my fault since I was driving 35mph. THE SPEED LIMIT is 40 mph, but they say that there were kids on the sidewalk. THE KIDS weren't crossing the street, mind you, and they WERE ON THE OTHER SIDE OF the sidewalk, walking parallel to my direction. They said I drove too fast. The speed limit sign didn't have the when children are present, and the sign before the 40 mph speed limit sign said that School Zone Ends. So are you telling me this lady can just drive into a intersection without looking just because I was going BELOW the speed limit, and since there are children. Now I want your two cents. This is in California...

Update:

My Insurance is the HATED FARMERS and the Asian "lady's insurance is.. Farmers.

Look, This isn't about safety or me recklessly driving or me losing control of the car. This is about how It is my fault for during 35 mph in a 40 mph zone with children walking on the far sidewalk parallel in the direction i'm going, and saying that it isn't the asian lady's fault for not looking in the intersection for cars, yielding to traffic in the intersection, and getting me into this stupid mess.

5 Answers

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  • 1 decade ago
    Favourite answer

    .

    My hourly rate was $600 per day back in '98, but I'll type quickly to give you "my two cents" worth.

    YOU are not going to like this answer!!

    Consider this - If the Asian lady had been your mother and had your mother had a lapse of concentration YOU would have been mortified at being unable to stop within the distance you could see to be clear and wished that YOU had considered the possibility, however remote, of your mother not yielding.

    Next time think that everyone is YOUR mother/sister/brother/father or grand parents and hold YOUR HEAD HIGH with your new found understanding of RESTRAINT behind the wheel.

    We ALL make mistakes, as YOU did on this occasion by going too fast approaching the intersection and the Asian lady did too.

    YOU need to drive considering others actions, not assuming YOU can drive through.

    .

    Source(s): DipADI, RoADA(Gold)
  • 1 decade ago

    F that lady, those kids, and farmers. Run em all over! I hate insurance companys they try to get out of everything. No its not your fault if all your saying is true. they will probably drag it on for as long as they can to get you to deal.

    Source(s): asian people cant drive. LOL J/k
  • 1 decade ago

    Where I live the insurance policy clearly states, "The driver must have complete control of the vehicle at all times".

  • bungee
    Lv 6
    1 decade ago

    I've never heard of the situation you are in. Is your ins. carrier a fly by night co. or what. kids on the sidewalk should not affect your driving although you should be careful as they do funny things at times. you need a lawyer.

  • Anonymous
    1 decade ago

    slow down. You don't want to kill them.

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