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Car Accident: Who is really at fault?
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Car Accident: Who is really at fault?

I had a car accident recently where I lost control of the car because it was raining, and my breaks didn't hold. This happened in a two lane curve. I was on the right lane, lost control, car went straight into the left lane and I hit the railing on the side. Another car was coming on the left lane and slightly hit me on the side of the back bumper. It's abvious the accident was my fault initially, but can the other person claim me/my insurance for the damage to his car if he is the one that hit me? Is there any chance for me to win in this situation so that I am not found ALL at fault for this accident?
Any help would be appreciated :-) Thank you!!!
Additional Details
The other person was actually not coming from the other direction. We were both driving in the same direction (I was on the right lane, he was on the left lane). And I was going about 30-35 miles per hour, this was in a curve and so I was not going fast at all, but my breaks didn't hold because the road was wet...I hope the additional details help. Thank you everyone for your answers!


Unfortunately your at fault for failure to maintain control of your vehicle. You were probably traveling at an unsafe speed for weather conditions. The other driver is a victim as you enter his right of way. Doesn't matter who struck who......

Yes, he can claim against you. You are NOT going to be found "not at fault" for this accident, because you lost control of your vehicle, and it crossed into the other traffic lane.

Brandon B
You are still at fault, even though they hit you....its just like if you turn left in front of someone, and they hit you...you are at fault, it doesnt matter who actually hit the other person, you were on the wrong side of the road!

It's very possible that you could be cleared of his damage. You can claim that he did not allow enough room to slow down and therefore it was his fault. It really all depends on what the cop who wrote the report claims happened. Most likely it will be found completely all your fault, but it is always worth a shot to fight it.

Yes the other person can file a claim against your insurance co for any personal injuries/damages because You crossed the center line. The law looks at a case like this just as if you were making a left turn and failed to se the other vehicle coming down that lane. It is "failure to yeild the right of way". You could also be cited for driving to fast for conditions, since you hit a slick spot on the road and crossed into oncoming traffic, finally you could be cited for failure to maintain your vehicle if inspectors were to examine your car (not likely) and found a fault with your brakes-your own admission that "your brakes did not hold". Your only recourse is to try and sue the highway department for not keeping the road surface clear of standing water-ie not keeping drains unclogged from trash that gets washed into them, thereby creating a dangerous situation when the water had no where to go. But the state will counter sue claiming driving to fast for conditions.

the pump guy
Sorry you lost control and should not have been there for him to hit.

Yes, you are at fault.

It doesn't matter who hit who. All that matter is what the proximate cause was. goes back to the but not for rule. But not for you losing control the loss would have never happened.

As far as the other posters, it is NOT true that the person that does the hitting is at fault. Nor is it true that if there is a 20 car pile up and you are the last person then you are at fault.

Nor is it true that the police decide who's at fault. The police offer an opinion as to what they feel is at fault. The insurance company ultimately decides who's at fault.

Buzz Killington
I got into a similair accident about 3 weeks ago, except I was the person at the back who hit the person in front. I was legally at fault. The officer at the scene of the accident should have notified you as to who was at fault. From my knowledge, the last person to hit something is at fualt. If there is a 20 car pile up on the freeway, the 20th car is at fault.

I was about to turn left and realized a car moving quickly towards me (had to of been speeding but will be hard to prove) so I stopped my vehicle. The oncoming driver did not stop instead she hit the gas trying to drive around me to avoid collision. Which ended with her misjudging a hitting the front right of my truck with the back right of hers. She had a bumper protector and had not damage. The front right of my car has been smashed and needs repaired. Anyone know what should be done? Who would be at fault. No police were called.

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