Who would be at fault in this car accident?

Who would be at fault in this car accident?
by

1 Answer

Answer :

Traffic law is definitely not my forte, so other lawyer-types can feel free to correct me, but my sense is that this is a matter of "last chance" doctrine. If you could have avoided the accident by stopping, but didn't, then you had the last chance at avoiding the accident and you have at least partial liability for the ensuing accident. (At the very least, the hypothetical other guy could make things quite lengthy, unpleasant and expensive for hypothetical you. My trial advocacy professor always said that there's no case more complicated to try than what looks like a simple traffic case.)
by

Related questions

Would this accident have been my fault?

Description : Would this accident have been my fault?

Last Answer : It is a bit difficult to picture just what you are describing, but from what I could tell, it would not have been your fault. Even if you had been wrong for trying to leave your parking space, ... someone hit you to collect insurance, I am sure that would bring your parents down on you pretty hard.

Who is at fault in this situation?

Description : Who is at fault in this situation?

Last Answer : Real fault or technical/legal fault? Real fault is you. You are driving a car that was not properly maintained - brakes very seldom fail on a car that is properly checked and serviced. You hit a ... have been able to stop. (Maybe they also were driving a poorly maintained vehicle with bad brakes.)

If there is an accident involving a car backing out of a parking space and a car driving past in a parking lot, is the driver backing always at fault?

Description : If there is an accident involving a car backing out of a parking space and a car driving past in a parking lot, is the driver backing always at fault?

Last Answer : I would say yes. The driver backing out was not practicing enough caution. The one main reason I always try to park facing out in a parking lot. But that isn’t saying that the other driver wasn’t practicing caution either. Too many people take too many chances! SO not worth it.

Who is at fault in this car accident?

Description : Who is at fault in this car accident?

Last Answer : Oh my! all those rights, here we drive on the left so I’m confused.

When you're driving do you chat with passengers in your car?

Description : When you're driving do you chat with passengers in your car?

Last Answer : If there are passengers, how do you avoid it?

When you get into your car to drive, do you strap the seat belt and then turn the key, or do you turn the car on first and then strap in?

Description : When you get into your car to drive, do you strap the seat belt and then turn the key, or do you turn the car on first and then strap in?

Last Answer : The vehicles that I use for transportation have no seatbelts.

Are transport trucks hard to see from the drivers seat of the average car?

Description : Are transport trucks hard to see from the drivers seat of the average car?

Last Answer : No.

Can you get a prescription windshield for your car?

Description : Can you get a prescription windshield for your car?

Last Answer : No. The closest you can get is plain (untinted, unshaded), tinted, shaded, tinted and shaded.

Why do a lot of car drivers have such a problem with Transport trucks passing them, or just being in front of them?

Description : Why do a lot of car drivers have such a problem with Transport trucks passing them, or just being in front of them?

Last Answer : answer:As far as why do cars do it to trucks, I don't know. I have a lot of experience with being behind a slow car in the left lane and when I try to pass on the right, the slow car speeds up. ... I am going to pass and then when I get in front of him, he slows down, which is hard to understand.

Car trip companion from hell, who or what would that person be?

Description : Car trip companion from hell, who or what would that person be?

Last Answer : answer:We bought some stuff a while back from a guy now forever know to us as Mr. Spitty . He loved to talk, and never shut up. He had a speech impediment, and sprayed saliva with every ... standing in the sun, Mr. Spitty inches away, spraying little silver orbs of saliva with every inane word.

Do you take fewer risks driving if other people are in the car?

Description : Do you take fewer risks driving if other people are in the car?

Last Answer : answer:I drive safely no matter what.. mostly because I’m not in a hurry.. I always chuckle (and then worry about) those who speed by me as if they are on their way to the hospital and are bleeding out. I tend to wonder if I’ll see a picture of their vehicle on the news.

Why do people think it's amusing to run their car tires over freshly painted yellow lines?

Description : Why do people think it's amusing to run their car tires over freshly painted yellow lines?

Last Answer : I didn’t know this was such a problem it needed to be addressed lol. I assume for the same reason anyone does anything mischievous.

Will I be able to get a company car with a DUI on my record?

Description : Will I be able to get a company car with a DUI on my record?

Last Answer : It all depends on the company.

Can you help me to think of some coping strategies for my anxiety specifically related to driving a car?

Description : Can you help me to think of some coping strategies for my anxiety specifically related to driving a car?

Last Answer : Do you have any rockin music you like? That won’t distract you too much.

What happens when a deer steps out in front of your car on the interstate?

Description : What happens when a deer steps out in front of your car on the interstate?

Last Answer : You either leave it on the road or take it home to eat.

Was I wrong for giving the car in front of me "the brights" or was he wrong for reacting aggressively?

Description : Was I wrong for giving the car in front of me "the brights" or was he wrong for reacting aggressively?

Last Answer : No you were right, and double right for passing him with no further altercation. People are just idiots on the road, and you don’t know what they will do. Well handled. I would have layed on my horn if he cut me off like you say.

Can you legally drive in England with a car that has a steering wheel on the left side?

Description : Can you legally drive in England with a car that has a steering wheel on the left side?

Last Answer : I would think you would have to be able to. I think in most European countries they drive on the right side of the road, like in the U.S. You would still have to drive your left-steering wheeled ... on the left side of the road though, to do otherwise would be madness and most certainly illegal. :-)

Do you disprove of motorcycles sharing car lanes?

Description : Do you disprove of motorcycles sharing car lanes?

Last Answer : Where else would they drive?

What is something that irks you when you're driving in your car?

Description : What is something that irks you when you're driving in your car?

Last Answer : answer:Driving anywhere in Los Angeles. It doesn't matter what time of day it is, you're lucky if you are going 55 mph on the highway! Also, when you are trying to get around someone who is going ... speed up when you try to pass them. They wanna go slow, but they want you to suffer with them!

What distance is needed for you to hop into your car and drive to your destination?

Description : What distance is needed for you to hop into your car and drive to your destination?

Last Answer : I bike everywhere that isn’t out of town.

When I drive long distances, I will occasionally stop and sleep in my car. What is the best strategy to avoid being interrogated by the police when sleeping?

Description : When I drive long distances, I will occasionally stop and sleep in my car. What is the best strategy to avoid being interrogated by the police when sleeping?

Last Answer : Pull completely off the freeway. Perhaps into the parking lot of a truck stop/restaurant.

Have you ever felt you were targeted by the cops for driving the wrong car, in the wrong neighborhood, too late at night?

Description : Have you ever felt you were targeted by the cops for driving the wrong car, in the wrong neighborhood, too late at night?

Last Answer : I’m a pretty young white lady and I drive a luxury car. I don’t know if I will ever have that problem.

Do you feel it's expected to buy/give a new teen driver a car on their 16th birthday?

Description : Do you feel it's expected to buy/give a new teen driver a car on their 16th birthday?

Last Answer : Hell no. Let them buy a car. It’s the beginning of taking responsibility.

Do car dealers allow learners permit drivers to test drive a car?

Description : Do car dealers allow learners permit drivers to test drive a car?

Last Answer : Doubtfull, but worth a shot.

Who was "at-fault" in this traffic accident?

Description : Who was "at-fault" in this traffic accident?

Last Answer : If I’m getting the correct mental picture…I’d say Vehicle #2.

How much did your auto insurance premium go up after you were at fault for an accident?

Description : How much did your auto insurance premium go up after you were at fault for an accident?

Last Answer : it all depends on how much your insurance company pays for the other persons car.

If you put plates in your name for a family member and they have no license and no insurance would it come back on me if she gets in an accident and its their fault?

Description : If you put plates in your name for a family member and they have no license and no insurance would it come back on me if she gets in an accident and its their fault?

Last Answer : Yes it certainly will. In this case you KNOWINGLY aided someonein breaking the law. You are also required to have liabilityinsurance on a car driven on a public road. Expect to get sued ANDto get a ticket. REALLY bad idea.

If you put plates in your name for a family member and they have no license and no insurance would it come back on me if she gets in an accident and its their fault?

Description : If you put plates in your name for a family member and they have no license and no insurance would it come back on me if she gets in an accident and its their fault?

Last Answer : Yes it certainly will. In this case you KNOWINGLY aided someonein breaking the law. You are also required to have liabilityinsurance on a car driven on a public road. Expect to get sued ANDto get a ticket. REALLY bad idea.

What states have no-fault insurance laws in the case of an auto accident?

Description : What states have no-fault insurance laws in the case of an auto accident?

Last Answer : Well, there are a number of states that have this in effect, which include amoungst other, 'Puerto Rico and nine participating states including Florida, Hawaii, Kansas, Michigan, Massachusetts, ... follows: >http://www.carsdirect.com/car-insurance/what-states-have-no-fault-auto-insurance-laws

Does Atlanta offer no-fault accident coverage for drivers?

Description : Does Atlanta offer no-fault accident coverage for drivers?

Last Answer : Atlanta is in Georgia, which does not offer true no-fault accident coverage, but insead has no restrictions on law suits.

Since we all claim to be great drivers, how often do you make sure all the lights on your vehicle are working?

Description : Since we all claim to be great drivers, how often do you make sure all the lights on your vehicle are working?

Last Answer : I check mine just about every time I drive it. I have a drawer in the tool box full of spare bulbs for both vehicles.

Is it normal to stop in the middle of traffic for a funeral procession?

Description : Is it normal to stop in the middle of traffic for a funeral procession?

Last Answer : No, one should pull to the shoulder to stop. It’s not superstition. It’s respect. If you don’t know the difference, I have no intention of helping you with that.

In the past, or now, did people need a license to ride a horse?

Description : In the past, or now, did people need a license to ride a horse?

Last Answer : No, a license was not necessary either in the past or now.

Would it work if a driver can get a special license to drive faster than the speed limit?

Description : Would it work if a driver can get a special license to drive faster than the speed limit?

Last Answer : You can become a driver of ambulances and fire trucks.

How well do you understand transport trucks?

Description : How well do you understand transport trucks?

Last Answer : You just told us all about them. ;-) I think I sort of understand how they drive, but I have never driven one, and I am sure there are many things about them I don't know, and ... from how the stores run out of stuff when even notably irregular weather slows down the trucks. Probably other things

Why do people claim to be the best driver ever, and yet keep making the same stupid mistakes?

Description : Why do people claim to be the best driver ever, and yet keep making the same stupid mistakes?

Last Answer : I learn and never do it again. I got two speeding tickets in the same week when I was in my early 20’s, after that I have never had any issues since.

Have any countries ever switched driving from one side of the road to another?

Description : Have any countries ever switched driving from one side of the road to another?

Last Answer : Doubtful. Too many cars have the controls on the wrong side.

Do you have a dash-cam for your vehicle?

Description : Do you have a dash-cam for your vehicle?

Last Answer : I don’t and probably won’t. As many camera’s are around us everywhere now, I just don’t see the need.

Can we have drone assisted driverless cars?

Description : Can we have drone assisted driverless cars?

Last Answer : Sounds over complicating what is not that difficult a concept.I can’t think of what info a drone could see before the properly equipped car would see.

In your opinion has rubbernecking in traffic situations gotten worse over the years?

Description : In your opinion has rubbernecking in traffic situations gotten worse over the years?

Last Answer : Probably about the same, maybe a little worse. The problem, as I see it, is that a law against rubbernecking is stupid and unenforceable. The police are working the wreck; no police force is ... problem, then outlaw the actions that causes accidents in the first place. (Texting while driving, etc.)

Do you know anyone who thinks yellow light means floor it?

Description : Do you know anyone who thinks yellow light means floor it?

Last Answer : My friend used to say, Yellow light means go faster, and she did. Zoom. Used to scare me when I was riding with her. I was also privileged to see her make a U-turn once in the middle of a busy ... who won't go a mile over the speed limit. Yellow light? She'll stop way back there just to be sure.

Do you expext truck drivers to swerve (probably killing themselves), or do you believe most would stay on course no matter what?

Description : Do you expext truck drivers to swerve (probably killing themselves), or do you believe most would stay on course no matter what?

Last Answer : Here is a video , this is sorta what I am trying to say https://youtu.be/eWuK-fi-D_w Let me tell you from my view,I would be standing on the brakes,but I would be driving through them I ... the 2 in the video. Did you notice that idiot never even stuck around to see if those drivers were alright.

What are your thoughts and opinions on dash cams?

Description : What are your thoughts and opinions on dash cams?

Last Answer : I can understand why you endorse them. If someone handed me one, I would probably use it, but so far, I feel no compulsion to buy one.

Would you rather drive a four lane divided highway, or a two lane curvy highway?

Description : Would you rather drive a four lane divided highway, or a two lane curvy highway?

Last Answer : If time isn’t an issue I would prefer the two lane curvy road though not so much at night.

Do you really have to shoulder check every 5 seconds?

Description : Do you really have to shoulder check every 5 seconds?

Last Answer : Uh NO! Just shoulder check when changing lanes. constantly checking the road. mirrors, and other things but just shoulder check when changing lanes.

Wondering, what do you call your vehicle?

Description : Wondering, what do you call your vehicle?

Last Answer : Example, you are with a bunch of friends and decide to go some where, do you say let’s all jump in my Blazer and head out? Do you say let’s all pile in my suv and get going? Do you say let’s take the rocket and blast out there?

What gadget did your vehicle come with that you like the most?

Description : What gadget did your vehicle come with that you like the most?

Last Answer : Not a gadget, but I appreciate the dark almost black windows. It’s a great boon in hot summers.

At highway speeds do you feel safer with a transport truck in front of you, or behind you?

Description : At highway speeds do you feel safer with a transport truck in front of you, or behind you?

Last Answer : Behind me. If it is in front of me, the truck is blocking my view of what is ahead of me that I might miss such as a caution sign, or a road sign that I need to read. Also, he could lose ... other day there was a truck in front and beside me carrying machinery and a piece came off and hit my car.

What should I know about buying and maintaining a motocycle?

Description : What should I know about buying and maintaining a motocycle?

Last Answer : Here’s is Link for e-bikes. Not sure same will be available in your country.

Why do people find traffic accidents so fascinating?

Description : Why do people find traffic accidents so fascinating?

Last Answer : So why the need to stare?