More details to this question:
My girlfriend was pulling out of the parking lot and already into drive gear when we were hit (nearly rear-ended by another car). The other car received minor scratches while her axle was broken. I received a concussion. When police arrived they asked for statement of the other driver and not her. The police didn't do a drug test when she called to report that he might have been drinking and a witness saw him drinking. He is at fault. Did I mention he said he stopped but yet my girlfriend was no longer backing out? She was hit near the gas tank and rear wheel. So who is at fault?
12 ANSWERS
Assault Attorney serving Richardson, TX
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We need to see the police report and investigate to answer.
Answered on Jul 11th, 2013 at 9:23 PM
It is difficult to determine liability without knowing all of the facts and circumstances surrounding the accident. Your girlfriend and you should retain a plaintiff's accident or personal inmjury attorney for specific legal advice and direction.
Answered on Jul 11th, 2013 at 9:19 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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As with most questions of "who is at fault," the answer is it depends. The facts that you have provided certainly point to the other side being at fault. However, ultimately, a jury would have to decide what percentage of fault to assess to each side. I suggest that you contact a personal injury attorney to discuss your rights and options fully.
Answered on Feb 20th, 2012 at 3:57 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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This sounds like a factual dispute and it is unfortunate that the other driver was not tested for alcohol. If your friend had already fully pulled out and had engaged the gear shift to move forward, it is difficult to conceive of a scenario where the other driver is not at fault. But the two of you have to be believed and he will likely tell a different story. Credibility is key.
Answered on Oct 26th, 2011 at 12:15 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Maybe both drivers. Improper backing is an offense in the traffic code. You cant back up unless you can see your way clear. The other driver also has to keep a proper lookout and keep his car under control so as not to run into folks.
Answered on Oct 25th, 2011 at 2:03 PM
Without more it's not possible to express a professional statement as to who may be at fault. The facts don't appear reliable. For instance, how is someone "nearly rear-ended"? Either you are or you aren't. Second, how does one car suffer only a scratch while the other has a broken axle? Fault is an assessment derived after careful review of all the critical facts and this description appears one-sided, slanted and lacking in detail. No opinion can be expressed.
Answered on Oct 25th, 2011 at 1:16 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It's going to be his word against hers.
Answered on Oct 25th, 2011 at 3:16 AM
It sounds like the other party was at fault, from what you have said. It also sounds like both you and your girlfriend have some injuries. In Utah, your injuries need to be more than $3,000 before you can file a personal injury suit for an auto accident. If your injuries are more than that, find an attorney to assist you with your case.
Answered on Oct 24th, 2011 at 6:47 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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Indiana is a comparative fault state. What this means is that you must compare the fault of everyone involved and assign a percentage to that person. The total has to be 100%. As long as you are not more than 50% fault then you are allowed to recover damages. Your damages then are multiplied by the percentage of fault of the person you are making a claim against. In the situation you discussed it is likely that some percentage of fault will be attributed to your girlfriend as well as the other driver. Clearly you did nothing wrong so you would be able to collect 100% of your damages. However you would have to collect from both your girlfriends insurance company as well as the insurance company for the other driver. How much fault will be assigned to the other driver is hard to tell from the facts that you listed. It appears that that person was traveling to fast for a parking lot. But the case would depend on whether there are witnesses that are independent.
Answered on Oct 24th, 2011 at 6:41 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Both parties.
Answered on Oct 24th, 2011 at 6:19 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you can prove he had been drinking, it will be difficult for him to defend the case. In Florida, there is a legal presumption that a rear end accident was caused by the rear driver.
Answered on Oct 24th, 2011 at 6:11 PM
Sam Louis Levine
Based upon what you shared below about the car accident, it appears as though the other driver is at fault & responsible for your injuries. I am sorry you got a concussion. I hope you feel better. You should continue your medical treatment as long as is reasonably necessary for you to fully recover from the accident. I would also advise speaking with an attorney about your rights & options. I wish you the best of luck & a speedy recovery. Take care.
Answered on Oct 24th, 2011 at 5:18 PM