Originally Posted by lil brown bat
As for the facts, if someone is going straight and has no stop sign, and someone else blows through a stop and hits them, sorry, that is absolutely 100% the fault of the second driver.
The one thing that I think was a bit different in this situation was, the driver blew through the stop, and the cyclist hit her -- not the other way around.
I think there is something to this. I believe many states have laws that will assign some fault if one of the vehicles had the opportunity to avoid the accident and didn't for whatever reason, even if the other vehicle's operator is the one who broke the driving law. I would say that if your conscience is clear and you were paying attention and there was really no way you could've avoided her, then you should pursue 100%. Otherwise, take the 2/3 and move on with your life. If you remain bitter about the whole thing, it's only hurting you.