If i'm driving fast on a quiet street & i see a child on the road & i swerve my car causing damage 2 a garage?
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If i'm driving fast on a quiet street & i see a child on the road & i swerve my car causing damage 2 a garage?
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do i owe liability towards the person that owns the garage,
Additional Details
calm down everyone, i didnt do it....we are having a group dicussion in class and we need to say whether the person is liable or not....and find cases to support the situation!
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magidge
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Yes of course you do because if you had been driving at the permitted
speed limit you would have seen the child and therefore you would not have had to swerve, thus crashing into a garage. |
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The Sheriff is a-near!
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duh! you wouldn't have hit the garage if you weren't speeding. |
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A N Mouse
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Yes. |
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romancer
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yes |
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Marshall
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If you werent driving fast, you would of caught up to the child int he street that fast and had more time to react. |
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fangtaiyang
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Yes, you are. |
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crazartgirl
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yep. |
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jonni c
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Yes.
It doesn't matter that the road was quiet when you were speeding. |
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mick-e M
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take a wild guess..it was you who caused the damage and drove fast |
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CutiePie
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Definitely... You did hit their garage. I do sympathize with you though, because the law these days are so out of wack. I can be driving down ths street obeying all laws, and someone can walk into the street, get hit and sue me!!! |
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help
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yes that's good. that's what people do these days |
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the_libertyman
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Your car... your damage.
As the operator, it is your responsibility to maintain control of your vehicle. |
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Wassup
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If you were breaking the speed limit yes |
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Bardic
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You do. |
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laughter_every_day
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Probably. If the excessive speed caused you to not see the child earlier, and to be unable to stop, then your negligent driving caused the damage to the garage. If the damage would have occurred even if you have been driving carefully, at an appropriate speed, there is a different analysis. |
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blackpool lass
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hiya, you are to blame, you should not be driving fast in a built up place |
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andy w
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Yes you would.
Don't know offhand of any cases you could find but the cost of repair to the garage would come from your insurance. |
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Lord_Darkclaw
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Yes you are liable. You were probably driving normally and it could be categorized as a "no fault" accident but if you had been driving slower and been more observant you would not have crashed.
It's unfortunate but it could have been worse.
Before you claim on your insurance, ask the home-owner (make sure it IS the home-owner and not just a resident) how much they would accept for a cash settlement; claiming on your insurance will push up the price of your premium which is a problem when you want to switch insurer; my car was hit by a van and now I am stuck with my present (very crappy) insurer for 3 years because the cheapest I can get insurance elsewhere is £850 compared to £250! A perfect driving record and I still get walloped like that..
Maybe if it's just a small dent on an old door the owner will accept a hundred pounds or so. |
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Mogakai
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You should have just hit the kid and kept on going. |
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alyssa + keigans mummy x
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tough one
sorry to hear about that,
you need to consider:
how badly the garage was damaged
what the child was doing on the road
i think you need to talk to them
good luck xx |
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