Who is responsible?

cuddlyclaud

The person causing the accident is responsible but you might have big trouble making them accept liability. Get as many witnesses as you can to make your case, but remember life isn't fair an you may not get justice. Learn defensive driving skills and don't forget everyone considers themselves to be the most important person on the road,.

Jifr

Hiya:

I used to handle claims with those facts of loss a bit.

When determining liability/negligence...an adjuster has to look at duties owed and duties breached.

In this case, both drivers have the duty of maintaining an assured clear distance. You also have the duty to signal your intent.

If someone cuts you off - they cut off your assured clear distance which minimizes your duty. BUT - if you were driving at an excessive rate of speed - it could be argued that had you been driving the correct speed (and the person switched into your lane) you would have been able to maintain an assured clear distance.

Failure to signal intent is not always the proximate cause of an accident and arguments could successfully be made against you for speed and failure to maintain assured clrear distance. At the same time - the duty to be a safe driver would have been breached by the other driver if they switched into your lane and it was obvious that the speed was greater than the speed they had been traveling.

When and where the impact happened would make a difference, too. If you hit the other car AS SOON AS it came over into your lane - I'd say they were more liable. If they changed lanes and traveled in that lane for several seconds (maybe 20 or more) and THEN you hit them? Maybe 50/50. Maybe 70/30 against you.... ::shrug:: But then again, that percentage would be worked out by the adjusters.

When I handled claims like that - I wished there was a clause in the policy that negated coverage for being.....not so smart whilst driving. -.-

Anyway - the burden is on the adjuster to complete a thorough investigation. Any evidence you can provide is always to your benefit.

Whew. Glad it didn't REALLY happen.

;-)

~jifr!

jon_wayne89

IF YOU REAR END SOMEONE , NO MATTER WHAT IT IS YOUR FAULT , THEY JUDGE BY WHERE THE DAMAGE IS TO THE CAR

oklatom

Unless they pulled over and stopped immediately upon doing so, or backed into you, it's your fault. 100%.

What did you say? "I can't slow down fast enough to avoid crashing." Or, to put it another way, "I didn't have control of my vehicle."

mbrcatz

Well, theoretically, they are, for failing to change lanes with caution - HOWEVER, it's going to depend on where the damage is on both cars - if it's square in the middle of both bumpers, you're going to be hard pressed to PROVE he just changed lanes, and you didn't rear end him.

That's when it's important to have a witness, that's not in your car.

So there are two answers - the REAL WORLD answer, and the theoretical one - and they conflict.

RUFAUXREAL

I guess I watch too much 20/20 and Dateline but this sounds just like a scam that's been investigated. However, anytime you rear end someone else, it's your fault in the eyes of the law.

big bend seminole

When the other lane slows, you are also encumbered to
slow to a safe speed, you must control your vehicle in
case someone does change lanes, if they are going 10,
and you are still going 65, you can get a ticket.

Fred C

It is still up to you to maintain control. If the collision is on the side or the corner, you can probably get blame at least partly assigned, but if he gets full into your lane and you hit him in the rear, you will be judged fully at fault whether he changed lanes or not. The slow lane isn't that much slower unless you are speeding, and that is what will be said in court.

Scott H

This is a tough one. You would usually be responsible because you did not allow enough space between your car and the car in front of you. You would have a chance at beating this if you had witnesses who could testify that the other driver pulled in front of you. The other driver is guilty of improper lane travel. So, it could go either way. You would have to prove he cut in front of you, otherwise it's another rear end collision and you'd be liable.

Kristy â™ªâ™«â™ª

This exact scenario happened to my younger brother. In my state, Wisconsin, you (the person who does the rear-ending) are automatically at fault for hitting the person who you say jumped into your lane for a few stupid reasons. Number one, they say if you driving the speed limit at the time, you should have had plenty of time to slow down to let the other car in front of you. Second of all, they told him he was tailgating or following too close to the traffic in front of him because again he didn't have enough time to stop and let the other car in. About the blinker, that's a hard one to prove but again, automatically, in the state of Wisconsin you would automatically be at fault. I absolutely DO NOT agree with that though! Good luck.

TeddyG

wow tough one, but of course as I have experienced from myself and friends that have gotten into accidents, the mistake would be the person who have caused the contact.. but if you have a witness to prove the fact that he just suddenly moved in front of you and you didnt have time to react then yes it is possible to prove that it is not your fault, but the witness has to be someone that you totally dont know.. hope this helps? take care!

ytteb

In Texas a rear end collision is always the drivers fault that hits the car in front check your state laws. call the dps in your state.

Doogle Magoogle

Sounds like a judge will need to decide, If you were obeying the posted limits then you should have a good case.

wondering

well it would be there fault... people know that the far left lane is the fast lane... and if they didnt signal... and you did hit someone would have seen it to back you up.. so dont worrie about it... just be careful and watch out for thoes stupid drivers...

UCANTCME

IF YOU ARE COMPLETELY INNOCENT OF ANYTHING IN THIS SITUATION THEN THE PERSON THAT CAUSED THE ACCIDENT WOULD BE COMPLETELY RESPONSIBLE FOR ANY AND ALL DAMAGES.

MAKE SURE THAT YOU CAN GET AT LEAST ONE WITNESS TO THIS TYPE OF ACCIDENT, BECAUSE IT COULD TURN OUT TO BE A 50/50 CLAIM.

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