QUESTION
Who is at fault in the hit and run that I was involved in?
Asked on May 10th, 2013 on Personal Injury - Oklahoma
More details to this question:
I was driving down the road in some rain. As soon as I came over a hill, a white truck was there with no break lights. I slammed on my breaks and tried to stop but ended up sliding about 10 feet into him. As soon as we hit, he took off. Three other cars were damaged in the wreck that he hit. I got a ticket for an expired license. Is he at fault or am I?
13 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Fault isn't necessarily all or none in every situation. There can be joint fault. Based on your explanation the fellow who didn't have operative brake lights would have some fault for not keeping his vehicle in proper operating condition so you would've been warned he was stopped. You'd likely share some fault for not operating your vehicle so you could stop within the assured clear distance ahead (a defense by you would be a sudden emergency created by the lack of operative brake lights on the vehicle ahead). Perhaps others are also at fault? Why did the vehicle ahead have to stop? Was it a sudden stop? Why did the vehicles behind not stop? Etc.
Answered on May 14th, 2013 at 7:15 AM
Based on the facts you recited, you are at fault because you should have been going slowly enough to avoid any collision. You must slow down when you have a visibility problem. George
Answered on May 11th, 2013 at 1:11 AM
Lisa Hurtado McDonnell
The one who is behind in an accident is always at fault. You had the last opportunity to stop and you have to judge a safety distance between you and traffic in front of you.
Answered on May 11th, 2013 at 1:10 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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The answer depends on whether the other vehicles involved were hit by the white truck BEFORE you hit the truck yourself, or were damaged BECAUSE you hit the truck and pushed it into one or more other vehicles. If your collision with the truck which IS your fault caused the damage to the other vehicles, then you are responsible for the damages to the other vehicles. However, if the white truck caused the accident with the vehicles in front of it before you got there, then you would only be responsible for the damage to the rear of the white truck which your vehicle caused directly.
Answered on May 10th, 2013 at 2:45 PM
James Eugene Hasser
Expired license has nothing to do with fault. It sounds like both of you may be at fault, in which neither of you could recover from the other in Alabama.
Answered on May 10th, 2013 at 1:26 PM
John Hone
Both
Answered on May 10th, 2013 at 1:23 PM
1 Award
You rear-ended him. You are at fault for doing so.
Answered on May 10th, 2013 at 1:23 PM
Ronald A. Steinberg
He is at fault for not having working brake lights. That is a hazard. Sue him.
Answered on May 10th, 2013 at 1:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Maybe both of you. you are supposed to keep your car under control at all times in all weather, whether you slid 10 feet or a thousand feet is irrelevant. The other party may have been doing something negligent as well. Not clear at all from your question.
Answered on May 10th, 2013 at 1:23 PM
Animal & Dog Bites Attorney serving Draper, UT
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William R. Rawlings & Associates, LLC
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The police report should have documented what happened and if there were witnesses to the event this will help your case well. Even though the truck took off, any white paint transfer on your car will substantiate your claim. If you carry Uninsured Motorist coverage on your policy, you may make a claim with your own Insurance company for any injury claim you may have.
Answered on May 10th, 2013 at 1:23 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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The other driver is at fault. However, there are steps you need to take ASAP with respect to DMV reporting and other matters. We routinely handle cases such as this. Feel free to contact me direct at 310-722-0299. Dictated, but not proof-read to ensure immediate delivery.
Answered on May 10th, 2013 at 1:22 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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There may be negligence on his part or on both parties. Consult an attorney.
Answered on May 10th, 2013 at 1:22 PM
Administrative Law Attorney serving Tulsa, OK
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Campbell & Tiger, PLLC
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If you were acting reasonably under the circumstances and the other driver did not have working brake lights, then the other driver is probably at fault. However, your attorney will need more information to make a determination of fault. Were you speeding? Were you going too fast for the conditions? Under the law, you can both be at fault.
Answered on May 10th, 2013 at 1:21 PM