Was the accident my fault?
Find answers to your legal question.
Was the accident my fault?
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I saw Matt (the guy I hit) at the New Bern intersection. He was on my right. When the light turned green, I stayed in the left lane. Matt drove further up the road in his right lane. As I drove along Raleigh Blvd, I approached a blind curve. I was in the left lane with no cars in front of me. I was going about 40-45 mph. (the speed limit) As I exited the curve I noticed that Matts car was now in the left lane, the same lane as I, except now the interval between our two cars was too small. I slowed down but then he abruptly stopped his car. I braked harder but had no choice but to hit his rear end because there had not been enough space b/w us. Matt had switched into the left lane, but was unaware that I was coming around the curve as he did so. Neither of us saw each other in time.
The problem is, when he switched lanes, he wasn't going very fast. This is why he was able to make a complete stop in front of me. A truck was doing a routine road job at 4mph in the right lane and Matt wanted to switch into my lane to pass this truck. The truck did not put up warning signs, but it did have bright lights. I had no idea there was a truck on the road because of the blind curve. I didn't see it until right before the accident occured. Matt basically switched lanes right as I was coming around the curve but he was going very slow (obviously) because he had been going 4mph previously. By the time I came around the curve he had already switched lanes and then abruptly stopped his car in front of me.
He claims that he stopped his car because another car switched lanes at the same time as him. It was this car that stopped first. Then he did. He almost hit the first car. This first car then took off after stopping and probably was not aware that there was an accident. Anyway, this car was not involved in the accident. The road workers claim it was not their fault because they had warning lights. But they were forty below the limit....which caused problems w/the blind curve and the lane changes that took place. Who is at fault? The rear ender? The car that switched lanes then stopped?
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stfelix777
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In most places a person who rear ends someone is at fault because a person is to have control of their vehicle at all times. You also have to leave enough following distance a good guesstimation is one car length for every 10 mph you are traveling, or a better rule is the three second rule (pick something in front of the car in front of you, and when they reach it start coning one one thousand, two one thousand etc. if you don't reach three one thousands by the time you reach the point you're too close. New Jersey also has a law called "Last Clear Escape" meaning you are at fault if you didn't take the last clear escape to avoid a collision. However I can't really tell you who's at fault unless I know the laws where you live. |
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The Shadow Knows
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sounds like you were following too close
if you saw him and slowed down enough then you would be able to stop before hitting him
if you were too close to stop in time then it was at least part if not all your fault |
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StephenWeinstein
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I think you are. Before you go around a blind curve, you are supposed to slow down. You are not supposed to go around a blind curve at the speed limit -- for this exact reason: because you could hit a stopped or slow car that you cannot see. |
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Courage
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When entering a blind curve your speed should go a lot further down because your visibility is impaired. Usually there are signs in yellow saying '25' as suggested speed-limits. So there's a lot of liability on your side of the story.
Having said that, the fact that he stopped in a traffic lane is a major mistake on his part. He also shouldn't have lane changed in a blind curve but waited until the road straightened out to change lanes. Your visibility is limited in a blind curve and it's dangerous to make a lane-change when you can't see too far back.
So I would say you made the mistake of staying up at 40-45mph while in a blind curve, and that he made the mistake of lane-changing in a blind curve as well as stopping in a traffic lane. There will be liability on both sides, but more on his than yours in my opinion. |
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eric
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From your story, it sounds like you knew the other driver?
Since you rear ended him, I can see 100% liability on your side. But it depends on where you hit him and the damage to both cars. If the damage is to the corner of his rear bumper, that will show he wasn't fully in your lane when you hit him. That will put most of the fault on him. But if the damage is even (straight) with his rear bumper and your front bumper, then most if not all of the fault would be on you. It may not seen fair, but that's the way it is. Since you were going around a blind curve, the insurance would probably suggest you weren't keeping a proper lookout and should have slowed down. Even if he didn't make the lane change, there could have been a slow moving car in your lane that you couldn't avoid because you were going too fast around a blind curve.
Basically, let your insurance company deal with this and tell them your side of the story. They'll determine fault. |
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Crystal Anne ♥
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I dont know what state you live in, but I know that in my state it is automatically your fault if you rear end someone, because they do not see it coming. |
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