QUESTION
Who is at fault if someone hits us while we are trying to get off the road?
Asked on Nov 15th, 2011 on Personal Injury - Massachusetts
More details to this question:
My buddy was driving my car and we were in a one lane road. There was a spot on the left side to get off, because we were lost and running out of gas and freaking out so he turns on his left blinker to pull over and BAM! Some car comes out of nowhere and hits us on the left front corner. Whose fault is it? The guy said he was trying to pass us or something.
13 ANSWERS
Hard to tell without knowing a bit more specific facts.
Answered on Jul 03rd, 2013 at 1:30 AM
3 Awards
Your best bet is for the passenger (you) to sue both drivers. I am assuming you were injured.
Answered on Nov 17th, 2011 at 8:25 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It sounds like the other car was at fault.
Answered on Nov 16th, 2011 at 10:18 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It is always important to call the police in order to assess "fault". You don't give enough information to provide a clear answer. Who had the right of way? Cars don't come out of nowhere; they come out of somewhere.
Answered on Nov 16th, 2011 at 8:52 PM
Assault Attorney serving Richardson, TX
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This may be a situation where there is joint responsibility. If he was passing illegally, he is primarily at fault.
Answered on Nov 16th, 2011 at 8:15 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida we have something called comparative negligence which means both parties can share some of the fault; however, it is typically the overtaking car who gets most of the blame.
Answered on Nov 16th, 2011 at 3:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Might be a little fault on both parties.
Answered on Nov 16th, 2011 at 3:40 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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If you friend had properly signaled that he was making a left turn, and assuming it is legal to make a left turn where the accident happended, the other car should not have passed on the left and is most at fault.
Answered on Nov 16th, 2011 at 3:40 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In these types of scenarios, both sides can argue that it is the other's fault. If he turned on his blinker, I would say it is the other driver's fault. Although, this might depend on how long the blinker was on before he pulled over. If he slowed down for no apparent reason, then at the last minute turned on his blinker just as he turned left, one could argue that he was negligent in failing to properly signal the turn. Naturally, if you come up behind a vehicle that is slowing down for no apparent reason, you will tend to pass the vehicle. If the vehicle decides to turn left with no warning as you are passing, then that vehicle would probably be at fault.
Answered on Nov 16th, 2011 at 3:29 PM
You should consult with an accident attorney for specific legal advice. The facts you stated are insufficient to assess liability. Did both drivers carry liability insurance at the time of the accident? If so, the insurance companies should covere the damages.
Answered on Nov 16th, 2011 at 3:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You will have to find out exactly what happened. Start by getting the police accident report. Cars do not come out of nowhere. I don't know what you mean by "or something". What part of his car hit yours? You don't mention whether or not you or anyone else was injured in this.
Answered on Nov 16th, 2011 at 3:23 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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You haven't given me enough information. If your buddy began a left turn in front of oncoming traffic, then your buddy is at fault. If the guy was trying to pass you, then it's probably his fault. Best wishes.
Answered on Nov 16th, 2011 at 3:22 PM
One could argue that this other driver had no right to pass you until it was safe to do so. A one lane road is just that - one lane. It is also possible that your friend could be found partially responsible as well for the way he attempted to remove himself from the road. In any event, you are not responsible and may have a potential claim against both drivers.
Answered on Nov 16th, 2011 at 3:14 PM