WHOSE FAULT IS IT? My car was stopped in the inside avenue a car came from behind and hit on driver's side.
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WHOSE FAULT IS IT? My car was stopped in the inside avenue a car came from behind and hit on driver's side.
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I had just backed out of my driveway and had changed the gear into drive forward. I was in process from moving my feet from brake to accelerator and my gear was in drive, when this happened. So basically I was not backing out anymore, I was in the process of going forward when this occured.
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the Boss
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It's probably their fault. Usually when you're hit from the rear it's the other driver's fault.
But I will say this: You should look more carefully and not back out of your driveway until it's clear. I'm so tired of bad drivers. |
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oklatom
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How many times do you plan to ask the same question? Are you holding out for an answer you like better? |
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la428282
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This is not going to be clear cut either way.
You really think the other driver is just going to say to their insurance.. "yea.. i saw this girl stopped int he middle of the highway and i plowed into the back of her" .. of course they arent.. they will likely say that you backed out of your driveway into them (which you may have well done) So there insurance will likely side with them... and your insurance likely with you.
To make a long story short... dont expect to get to go through their carrier as their insurance has no PROOF that you werent backing out of the driveway at the time |
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rob1963man
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Doesn't matter which way you paint it or portray it.
YOU entered a street and caused an accident because YOU didn't see the coming car.
It's YOUR fault.
If you start whining in court like you did here, it will go very rough for you. |
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roady42
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So you backed out in front of somebody and they hit you.
Your fault.
Trying to convince people here otherwise will do you no good. |
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Gambit
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This is not a clear cut case of who is at fault. This scenario really depends on what the other driver's story is, and what is written on the police report assuming the police were involved. If the other driver said you were still backing out when you collided, or that they were swerving to avoid you, then at best we have conflicting stories and each of you would be 50% at fault. So unless the other driver admitted liability or admitted that they were at fault and it is in the police report, the most you could hope for is 50% at fault. |
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Me
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Your fault, I'm afraid. You need to allow room for your car to get up to speed before the oncoming car has to slow significantly. After all, backing out and starting to switch your foot to the gas pedal only takes 3-4 seconds. The other driver may have been hard on the brakes for that entire time and still hit you. Cars take time and distance to stop - they can't stop on a dime, you know. |
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cubcowboysgirl
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any hit from the rear is the other's fault. All states have laws regarding the driver is responsible for being in control of the vehicle. |
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kipdawneast
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If you were driving ahead then the driver behind that hit you is in the fault. |
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Lauren
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As long as you weren't like, sitting there for a long time, I would say it's the other person's fault. But I'm sure their side of the story would be much different from yours. |
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GC
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the car who hit you. |
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