QUESTION

How would I know if I’m really at fault in an accident?

Asked on Oct 23rd, 2012 on Personal Injury - Michigan
More details to this question:
I was in an accident today where I was pulling across out from one parking spot. I pulled out seeing a vehicle a little bit down the aisle. The person ended up hitting the back end of my car. At this time, I was fully out of the parking spot and in the lane. The cop wrote that I was at fault but just wondering am I really at fault.
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7 ANSWERS

Ronald A. Steinberg
Since when can a cop write a ticket on private property? You can go to court and fight the ticket. If you were struck in the rear, there is a good chance that you can prove that the other party was at fault in full or in major part.
Answered on Oct 30th, 2012 at 10:02 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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Chances are since you were pulling out of a spot and the other person was already in the driving lane, you would be found at fault, the reasoning would be you pulled out in an unsafe manner, while that other vehicle was too close.
Answered on Oct 26th, 2012 at 8:32 PM

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Dennis P. Mikko
If you were moving into a lane of traffic, it is your obligation to observe the right of way of oncoming traffic. It sounds like you were at fault even though the other car probably could have stopped.
Answered on Oct 25th, 2012 at 10:21 PM

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Debt Collection Attorney serving Fresno, CA at Nunes Law, Inc.
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Only a thorough investigation and possibly litigation will answer your question.
Answered on Oct 25th, 2012 at 10:10 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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From what you described, you may not be at fault. If you wre given a traffic ticket, you are entitled to a jury trial where the officer would have to prove beyond a reasonable doubt that you were at fault. If you were not given a ticket, but there was damage to either your car or the other car, then you or the other driver can file a claim for property damage. If you cannot settle the claim, you are entitled to a jury trial. If you bring the claim, you must prove by a preponderance of the evidence (that is, more likely than not) that the other driver is at fault. If the other driver \brings the claim against you, the other driver has the burden of proof. Most counties have an arbitration procedure where you can present your case for property damage to a panel of arbitrators. This is an easier procedure than a lawsuit, and you may be able to do it yourself without an attorney. If the other driver files a claim against you, your insurance company will defend the claim (unless you company determines that you were at fault). If you have collision coverage, and the other driver's insurer denies your claim for damage, you can have your company pay your damage, and your company may bring a claim against the other driver. Ultimately, a court decides who is at fault if you push it that far.
Answered on Oct 25th, 2012 at 9:58 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Parking lot cases are nightmares. The cop thought you were at fault. I did not see it and have no opinion. Sounds like both parties might have been partly at fault every driver is at all times to keep his vehicle under proper control so as to avoid collisions.
Answered on Oct 25th, 2012 at 8:54 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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You can always. Fight it in court.
Answered on Oct 25th, 2012 at 8:50 PM

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