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Fault Determination in Common Scenarios

July 23, 2013

Car Accident Fault DeterminationPerhaps the most confusing thing for any driver after a car accident is how fault is determined. Although some situations are obvious even to the drivers involved, often drivers are not sure who is at fault. Fault determination rules are used to ensure that every accident is judged in the same way and against the same rules. This means that every accident that occurs as a result of the same actions by a driver will have the same fault outcome.

Common Accident Scenarios

These common accident scenarios will all have the same outcome based on the fault determination rules. Outside influences such as weather have no bearing on how these rules are applied, so slipping on the ice or poor visibility do not change who is found at fault.

Common Scenario: Lane Change and Merging Accidents

These accidents happen in a variety of ways including when someone changes lanes and misjudges the space, striking another car, when a driver enters a roadway from a yield or controlled access ramp and strikes another car, or merges as their lane ends and causes an accident.

Who is At Fault: The driver who is entering a lane of moving traffic and strikes another car is always at fault in these scenarios. If you are travelling forward in your lane and another car enters that lane and strikes your car, you will not carry any fault. This is true regardless of what caused that driver to strike your car.

Common Scenario: Multiple Car Rear-End Collision

An accident in which one car is struck from behind by another as they are all traveling, and that car is pushed into the car in front is a fairly common occurrence, especially in the winter when roads are slick. These accidents can involve three or more cars in a chain reaction. Many drivers believe that if their vehicle was struck, thus causing them to strike another vehicle, that they hold no fault.

Who Is At Fault: In this scenario, the majority of the fault falls on the first driver who started the domino effect of the accident. However, every other driver who struck the car in front of them will also hold some fault in the accident. In a three-car pileup where all three vehicles were in motion at the time of the accident, the driver at the rear may be held 100% at fault by his or her insurance company. In the second collision, the car that struck the lead car may hold 50% of the fault. There are two separate fault determinations made, for the two collisions. It’s important to note that if the two front cars are stopped at the time of impact, only the rear car will face fault. In all cases the car at the front of the line has no fault in the accident.

Common Scenario: The Sideswipe

A sideswipe can happen in a wide variety of ways, which is why it is one of those accidents for which people have a lot of confusion when it comes to fault determination. If you sideswipe another vehicle, fault is determined by where the vehicles were and how they were travelling in relation to the painted lines on the road.

Who Is At Fault: Any time you sideswipe a car that is legally parked, you are at fault. If you cross a center line or a lane-division line and sideswipe another car travelling legally within their lane, you are at fault. If two cars sideswipe each other when both have crossed the painted line, they will share the fault in the accident.

One of the simplest ways to understand fault determination is to consider what rules or regulations may have been broken that were a cause of the accident occurring. When someone fails to properly check before changing lanes or merging, or is following too close and thus rear-ends another car, or drifts over the center line, that person has made an error in judgment and driving ability that resulted in an accident; that person is thus at fault. This logic applies to most accidents. It’s also important to remember that fault can be shared – it’s not always a cut and dried 100% to 0% situation.

Car Accidents and Insurance

Car accidents stay on your driving record for six years. If found at-fault for a car accident, you may experience higher insurance rates for the six years; however, it doesn’t mean that you can’t save money on your insurance. Each insurance company charges different rates; so be sure get car insurance quotes to compare.

Related Article

Reporting Car Accidents

  • stuckett

    what happens to the price of your car if it was involved in an accident which was NOT your fault?
    It must show up in a carfax evaluation would it not? It was repaired 100 per cent by his insurance co.

  • Confused

    If someone slams on their breaks to save wildlife, and cause a rear end domino effect, who’s at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is usually the driver who rear-ends the person ahead of them who is considered to be at fault. It’s best to check with your adjuster.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    The majority of the time, regardless of the reason, the driver who rear-ends a vehicle is found to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like it might be 50/50%

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be you if you changed lanes into hers.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that you are at fault as you were the driver who was changing lanes.

  • Jamie Hamper

    I was driving in the far right lane and another car switched lanes into me from the left. I know this is not my fault since I stayed in my lane and he merged into me. However, he is claiming he was in the far left and I was in the far right and that we both merged in to the center lane. Who would be at fault in his made up scenario?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is likely that if it can be proven that the collision occurred in your lane then he would be at fault.

  • tam

    This happened to me a few days ago. Signaled to merge and as I was merging the other driver accelerated. Insurance said I was at fault because I was going in his lane even though he accelerated when he saw mE moving over…. so ridiculous

  • http://www.insurancehotline.com/ InsuranceHotline.com

    It is likely that the claim will be settled on a 50/50 basis.

  • Christy

    I was on the eway in my lane. Never moved lanes or anything. The lane to my right was moving very slow if not stopped. My lane wasn’t stopped but was moving about 40/45 mph. I guess the other driver got tired of being in traffic (i’m assuming), tried merging into my lane and indented my front panel and scratched/dinged up my whole right side of my car. He only has left front head light damage & some side damage (his damage doesnt pass his front tire. We have claims against each other obviously & he is trying to say it was ME who was merging into his lane which is not the case. Pictures have been taken & in my opnion shows what really happened (him coming into me). The officer didnt really want to seem bothered to investigate & wrote no one a ticket.

  • micheal

    hello, i was involved in an accident around 2 months back. i rear ended someone pretty hard, insurance was under my dads name and i took his car to work. a police officer did arrive and did his little investigation, he did not give me a ticket. i want to buy a car and get insured but i am sure i fall under the high risk driving category. my question is how do i find out if i am under this category, and if i am then how long will i remain in this category. also does this mean i have to be insured for the waiting period or not becuase i do not think it makes sense to pay 600 dollors a month for 3-6 years just so u can end up paying 3-400 dollars a month. unfortunetly i am not a doctor or a rich business man and cant afford these ridiculous rates. any help on how i can drive a car would be great thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    You can check quotes on http://www.insurancehotline.com to give you an idea of how much you may have to pay.

  • dh

    Hi, I was in an accident where it was three lanes becoming two. I was in the rightmost lane that had to merge into the center lane, but no one had allowed me in yet. A car with transmission problems was parked towards the end of the third lane/merged section, so I had to slow down tonot hit him but couldn’t move over yet.

    A woman who was behind me hit me hard from behind on the driver’s side with her front passenger side. She is saying that she was already in the center lane and I sped up and cut her off, causing the rear ending, but I had been slowing down and definitely wasn’t trying to merge yet because I knew it wasn’t clear yet. Will this be my fault? The police only wrote and supported her side of the story, but I feel like the damages support my story.

  • JM

    This sounds like me…although I had flashing lights from a police car in the distance that is why I tried to merge then the driver accelerated through a amber light as I merged into the left land I clipped the side end of him…He told me he ran the light & didn’t even notice the flashing lights…So who is at fault!!

  • Bianca B

    Hi was in accident, it involved 3 cars which includes me there was a ute with a canopy I couldnt see in front of and i was about 3 or 4 car lengths behind as she was doing 40kph at the time it was a 60kph per as the accident happened at 6.43am so it wasn’t a school zone at the time. There was another car which came up on the outside of me this driver was half in the left lane and the other half of the car behind me was in the oncoming traffic lane. This car coming up on the outside of me cut in front me at this time I sounded along horn. The ute in front came to a stop abruptly directly in line of a driveway to a car park and for some weird reason put the ute into reverse while I was in motion and next second I heard a bang and something draging. I was in the right lane and one of the cars in the left lane let me threw I came to rest inside white lines on the side of the main road. This is where I opened my door and stood up and I realized I was covered in glass, I walked around to my passenger side I had guard damage and my front passenger door was under my back tyre guard and my other passenger door was pushed back it couldn’t be opened. I rang the police and at that time driver who drove the ute asks me did my car do that to your car She walked from her ute which was parked in the car park that she was parked directly in front of the driveway to this car park. MMMMM HOW DO YOU SUPPOSE SHE GOT IN THERE WITHOUT REVERSING. SO WHO IS AT FAULT AS THE CAR THAT CUT ME OFF DROVE AWAY.

  • Brian larosa

    I was going around a blind sided two lane that went into a three lane.I was in the middle lane an was going ta turn into a place of business in 30 yards ahead I put on my left signal an as I was going around the corner she hit me in my rear left bumper an side swiped me up to my front fender.there was no lines painted on the street.who is at fault.

  • ruxi

    Hello. I was on the right lane, stopped 15 m before the intersection, with the left signal on, trying to merge to left adjacent lane. The cars were moving very slowly on the left lane, so i had to stop. Another car rear ended me. The road was covered in slushy snow and the markings were not visible so could not see the middle road line. Do i have any fault ?

  • john

    i was recently leaving the parking lot at my school and i was in the right lane which was for people turning right and the 2nd party came in to the right of my vehicle and sideswiped down the right side of my vehicle with the front left bumper of theirs, who is at fault?

  • john

    I was merging onto the highway that has no relief way (just goes straight onto highway), when the car in front of me just stopped. I was looking to my left side looking for traffic and saw none in the merging lane and sped up only to see the brake lights on in front of me, tried stopping but slid into the car, minimal scratches on other car’s bumper and none on my vehicle. Who is at fault?

  • Doran Amber Rice

    What Happened with this? This recently happened to me, also I was you in this instance. Amber–Thanks Christy

  • callum

    how bout this i was on a roundabout 2 lane exit van on left lane of me both getting off same junction he then decides to move accross and hit front of my car and try to change exits.. i even sounded my horn when he started moving hes trying to say its my fault people like this are just idiots

  • Ian Brown

    I was sitting at a t junction waiting to turn right onto a the main carriage way when a vehicle approaches from the right and turns left into my road .she then turns right at my rear to enter a side road and turns in too tight and lodges her car rear quarter into my drivers side rear quarter..she accepts blame then tells her insurance company that we rolled back into her.the t junction is a flat road.
    Who is to blame

  • Karen

    Someone had my driveway blocked and i didnt see them when backing out and i hit the side of thrir car am i at fault

  • Dani

    Hi I was backing out of a parking space and was almost clear when a van hit my car just above my right hand week arch they stopped and the reversed a little more not seeing what he’d hit as he was reversing out as well he has no damage to his van in not so lucky my cars got a big dent and scratches I couldn’t move my car he had to pull away from me I read that as we are both pulling out we could be both at fault dose anyone know if that is the case ?

  • Dani

    Sorry didn’t say back right handside don’t know if that matters just trying to give a better view of what happened

  • amber

    I just had the same thing happen to me recently and hes not taking responsibility either I had just merged into the left from right lane properly indicated and head check and as soon as i was in the left lane the guy decides to merge in to the left aswell in front of me and sliced my right side of the car he has no damage whos at fault? He didn’t do a head check and see I was already in front of him

  • amber

    I just had the same thing happen to me recently and hes not taking responsibility either I had just merged into the left from right lane properly indicated and head check and as soon as i was in the left lane the guy decides to merge in to the left aswell in front of me and sliced my right side of the car he has no damage whos at fault?

  • BluIvyBird23

    I was driving in the left lane going North on the street. The car in front of me was sitting still with no turn signals on. I thought the car was disable since the two lane going South was clear. I waited another minute before I passed this car on the left side since cars were still going in the right lane beside me. Just as I passed this car the driver makes a left turn and hits my truck on the right passenger side at my back tire and bumper. Who’s at fault?

  • Lorraine

    I was on a main road turning right into a side street, I was indicating to turn right and slowing to start my turn into the street, there was a car coming out of the side street instead of waiting for me to turn the car came straight out and hit me, it damaged my drivers side door as it joins the front panel I hadnt even started to turn, who is to blame??

  • Alex Cheddar Sosa

    I was pulling out and the Chinese bitch swipped me she tried to go still when she sees me backing up she side swipped me and she also admitted she didn’t see me so who wins?

  • Stacy napier

    I’m going threw that right now .The other lady told the cops exactly what my daughter told me except when my daughter pulled off the other side and then she realized that she wasn’t behind her

  • D Mahler

    I trying to change lane to my right as I was to turn few meters away. i checked my right and it was clear but the road was high. when I was changing lane a car from the right lane showed up and bumped my right driver side area. Obviously his car was badly hit on the wheels and was distorted. Who’s fault it is?

  • Elicia Walls

    I was on my way home doing 45 mph (the posted speed limit) following at a safe distance when the car in front of me slams on the brakes because an animal runs across the street. I immediately hit my breaks & try to swerve out of the way, but the right front end of my car was hit. Although I technically hit her, since her recklessness caused this incident would I still be considered at fault?

  • sonya

    I had come around a corner onto a two lane main road the car in front was indicating to go left into a street ahead so i went into the right lane with no traffic the car in front all of a sudden swerves over to my lane across the white line and hits me making a mess of my left front panel and put a big dint in his right rear panel,i’m not sure if he crossed to wide into my lane to turn left or if he had actually decided to swap lanes and hit me.Who is at fault?

  • OnlineAddict

    Yes, since you weren’t able to control your vehicle to avoid hitting them you are considered at fault regardless of what the person in front of you did.

  • OnlineAddict

    Yes with parking lot accidents, the insurance companies usually say you are both equally responsible.

  • OnlineAddict

    You are considered at fault in this incident.

  • D

    After an event. Coming of out parking lot the traffic enforcer told them to stop and we were told to go as soon as i come out of parking lot. I signaled to change lane and suddenly i think the car that hit my driver side front bumper sped up as i change lane. They were supposed to stop though.

  • D

    Who’s at fault?

  • Jessyka Pena

    I was driving and was about to turn into the freeway but stopped to make sure their was no cars that were crossing their was a honda but had a lot of distance so I was barely going 30 onto the freeway when the honda saw My about to cut in front of him he does up and hit my side of the vehicle who’s fault would it be ?

  • Desi

    I am going through this right now. I was pulling out of a parking lot and there were paint lines for the lanes but with normal PA traffic laws, it would be one lane in and one lane out of the lot. Initially I had my signal on to turn “left” but due to traffic I changed my signal to turn “right.” As I moved to turn right out of the lot, a vehicle came up beside me and swiped my front passengers side. The scratches running up my car are in an upward curve indicating that she went up on the curb to get around me. This accident literally just happened 3 hours ago, so I am waiting to be contacted by my insurance adjuster.

  • Dawn Meder

    Heu

  • Worried Driver

    I was sideswiped after making a right on red. The other driver tried to lane change as soon as she crossed the intersection. Who’s at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    the insurance adjuster will have to determine that. They will use any pictures and the police report.

  • Raj

    I was side swipe by another car..i was going in the middle lane and another car is coming from the left most lane…he want to change lane but he misjudged and side swipe to me…his right front side part hit my driver side fromt and door…but when she talked to insurance she changed tone and said i tried to came her lane…so who is at fault in my case

  • probinem shrestha

    i was driving on the middle lane, then on approaching the traffic light, which was red saw enough gap between to vehicles on the left lane. i did shoulder checks and signalled and the traffic was stand still due to the red light, i merged into the left lane. then the truck on the left lane, in front of whom i wanted to enter decided to hit me, on the back of driver side bumper and he would push me for another 15 seconds or so. to me it looked like he did in purpose out of rage. in this process another car in the middle lane also got hit may b by my right hand back bumper. police was involved and took statements from all three drivers and one witness. they didn’t gave any tickets . who is at fault? what happens next?

  • Rolando Landeros

    I truck back in to me as I was crossing the road to get into an Alley on my frontal left light. Am I at fault, only have liability insurance without collision coverage, and his insurance saying that is 50, 50 on both pats am I still getting pay for damages on my car. Please help!

  • Concerned American

    Here’s a scenario that I almost ended up in an accident earlier this week. it was snowing and the roads were slippery. I was in the left hand or inside lane and had a pickup truck driving very close to my rear bumper. There was a car in the median trying to pull into our lane and I thought he would just stop and let us pass by before trying to pull from the median into our lane. He accelerated and pulled right in front of my truck. At the same moment the pickup right behind me swerved into the right hand lane to pass my truck. I was force to slam on the brakes and hope I don’t rear end this driver. I wanted to slow down a bit just in case this driver pulled out in front of me but since this pickup truck behind me was right on my tail, I would most likely get hit by him. It happened so fast and I was concerned about not getting hit from behind by this pickup truck and since the road conditions were bad I didn’t want to make a sudden swerve and skid out of control. In addition since the truck was too close to me that I couldn’t see his turn signals I would have no idea if he used his turn signals to signal a lane change plus I’ve seen plenty of tailgaters just whip around a vehicle to the right without warning. From how this article is described, I would be at fault either way even though this vehicle pulled out of the median into the path of my truck leaving me with little space to stop or slow down even if the road conditions were fine. I couldn’t swerve since I was concerned the truck behind me would suddenly pull around me and I would be at fault for an unsafe lane change if I hit him. If he ran into me and pushed me into this car I too would be cited for tailgating even though I didn’t intend to tailgate this car but had this car pull out and expect me to stop or swerve even though the roads were slippery and I had a pickup truck right on my tail. In this case if I crashed into him the police would simply say that I should have slowed down even though I would have been struck from behind and pushed into this car. Sometimes you can’t win either way. This car was going much slower than me when he pulled out making it even more difficult for me to stop for him and to the police it will look like a simple rear end collision and I would be at fault for tailgating.

  • Mike

    If I were travelling forward in my lane and another car enters that lane with a low speed and I couldn’t break, end up hitting his car in the back since it was too short just 3s. Will it be my fault?

  • Matthew Adams

    If I was pulling out of a driveway making a right in a two lane road but was being let out by a semi (who was in the farther lane) When a car went around the semi and hit me who would be at fault? The lane the person was in literally just opened up she cut around the semi and was in a turning lane (she was on her cell phone) hit me I was already turning into that lane wouldn’t she be at fault for hitting me when I was already in that lane plus she was distracted from her phone and was going over the speed limit. When I looked she wasn’t in that lane and I was able to go but then she hit me after she switched lanes

  • Tyler Grundy

    I was stopped at a stop light and my wheels were touching the white line. A dump truck comes in the turning lane and sideswipes my truck. Who is at fault?

  • Mike

    Who would be at fault if there are 3 cars, all traveling in the same direction. Car A,&B are in lane 3 of 5 lanes & car C is in lane 4. (Lane 1 as the passing lane or fast lane) Car A looses control of her car spinning back and forth across lanes 2,3,4 lanes. Trying to avoid the accident car B & C hit one another. Car B either hit car C at the wht dotted line between lane 3&5 or car C hit car B moving from lane 4to 3.
    Additionally if car A was the route cause of the accident but nothing happend to her or her car does she get off free? No tickets were written? It was icy conditions with a small layer 1/2″ of snow

  • InsuranceHotline

    If you can prove that your vehicle was stopped, it is likely that you will be considered not at fault.

  • Michael Julian

    I was in my center lane and got struck by a truck in the far lane with his front bumper to my driver door who’s fault is it

  • Griffin McCloskey

    My friend got new tires put on his car two days ago and last night we were on our way home from hockey practice in the middle lane of the highway at around 1030 when one of the tires falls off. We are now stuck in the middle lane of the highway and we can’t move. We’re sitting ducks and a car hits us straight on going 60 mph. Clearly this is a crazy situation and i am fine but my friend was in the hospital until 3 o’clock last night. I have just been doing some research trying to learn about this but there isn’t much on a situation like this. If anyone knows how fault is determined in this situation or anything at all about this it would be greatly appreciated. Thanks.

  • Griffin McCloskey

    His hazards were on when we were stopped

  • Brandon Joe

    Scenario I’m on a two lane road (with a cyclist lane) so 3 lanes. There is an intersection with a turning lane. For all intents and purposes there are 4 lanes. There is an 18 wheeler in the left lane I am 3 car length behind and in the right hand lane. He swerved into my lane in an attempt to do a u turn. I hit my brakes and skidded a good 30 ft(road was wet) and hit the right corner of the trailer. Police report said he turned out of the wrong lane but I failed to control my speed. Who’s at fault.

  • InsuranceHotline

    it sounds like it might be a 50/50 split of responsibility based on what the police officer said.

  • Brandon Joe

    Even though he took up all 4 lanes?

  • Monique Gutierrez

    We were at a stoplight, there was a stalled car a few cars in front of me. All the cars in my Lane had to merge over to the right to get around the stalled car. My car was about a quarter into the right lane next to me. When the light turned green I had to wait for the cars in front of me to move in order to fully change lanes. The car I was in front of I think tried to avoid letting me in their Lane. When the light turned green and I started to straighten out into the lane, she tried to go around me and the front of their bumper on the driver side hit my front passenger panel right above my tire. As they continue forward they pulled off my bumper from the passenger side and it scraped all along the length of their car on the driver side. The woman said I pulled out in front of her. The damage on her car is a long scrape that does not indent the car. I think she misjudged how close she was to me when trying to go around. I’m concerned though over your comment that says whenever I enter someone else’s lane it would be my fault. I was barely moving trying to complete the lane change when she went around me

  • Andrew Bruere

    Two lane road. Car A was turning when Car B a pickup with a trailer pulls out in front of Car A, Car A hits front of trailer unable to stop in time. Who is at fault?

  • Jhberry

    Today I was travelling along the motorway I was in the far right lane the car in front had started moving into the middle lane but wanted to be in the far left whilst merging accross all lanes instead of merging one lane at a time a car came down a slip road and cut him off causing him to slam on his breaks i breaked and tried to swerve but being in the far right lane I was limited to options and clipped the back right corner of his car we pulled over and exchanged details but who is to blame he obviously had not checked the mirrors and made sure it was safe for him to merge lanes yet I went into him ? This was rush hour traffic too so luckily the cars behind didn’t end up involved. Please can anyone shed some light on this as I am being told different things

  • Louise Gallagher

    I was pulling out of road sideparking there I looked indicated pulled out slowly and as about to ecelerate a van hit the rear driverside. the witness saw me pull out and then heard screeching brakes and the bang. Am I at fault

  • InsuranceHotline

    you will likely be at fault since you were merging into traffic

  • ayla celik

    I was turning into a Drive thur so i had to make slightly wide turn and someone side swiped my car right at the drive thru,I had my signal on, I only made a turn because the drive thru was a wide angle, Please help!

  • Inder

    Turning left onto a driveway in a residential area, the other party tried overtaking me from the left not the right and hit my car on the driver side.

    Who would be at fault?

  • Zack

    I was coming down a main road when the cars in front of me all stopped for a light, I hit my brakes, but they did nothing, and I slammed into the car in front of my at 40mph. I know that this is my fault, but my question is this, 2 other cars in front of her got out, and claimed to have been hit as well despite no visible damage to their vehicles. The claim is that the car I slammed into was pushed into them, making it my fault, but I do not believe this to be true.
    How can I fight this please??

  • Natalia

    I was driving in the left lane on the street and was starting to enter the left turning lane. The lane was enough room for my car to enter when all of a sudden the car I front of me on the left lane braked and I sides wiped his car… who is at fault?

  • InsuranceHotline

    the other driver may be at fault as they improperly passed your vehicle.

  • InsuranceHotline

    Given that you rear ended the vehicle in front of you it is possible that that vehicle was pushed into the other vehicles. You best bet is to see if you can find any witnesses.

  • Sheltimom

    I was stopped at stop sign looked both ways. Nothing comming so I proceded. Then a motorcycle came over a hill (blind spot) and hit my rear while I was in my lane he came into my truck. Have pix of skid marks crossing line. He also was going 60mph in 45 but I’m sure wont admit to it. Who is at fault. Police report also says the same except the speeding.

  • InsuranceHotline

    If the motorcycle rear ended you then the rider of the motorcycle is 100% at fault.

  • Delquan

    If i was coming down the right lane and another car and another car was in the left turning lane, and as i got closer the other vehicle swerved into my lane as to make a right turn and i slammed on brakes to not hit them but ended up hitting them, who is at fault?

  • Karam Sawaqed

    I was traveling in a 2 lane road, then I had to go left to another road where there’s no stop sign nor a traffic light. I fully stopped for a good minute to clear the traffic and waited until it’s safe to cut through the opposite direction lane to make that left with my left blinker on. Then as I turn someone was driving behind me hit my rear side quater panel causing my car to spin 180°. She claims that I was on very side of the road (off the side of the road) and made a sudden turn through both lanes. Then she switched it up to it was in my lane and I forgot my turn so I made a very wide open turn suddenly that she couldn’t make a safe stop to void the collision. Am I at fault for any unknown factors or reasons to me? Idk much about the other vehicle’s damage but it’s definitely not on her right side front bumper to support her claim. This happened in NY state.

  • InsuranceHotline

    It might be that the other driver is at fault since they made an improper lane change.

  • just me

    two motorcycles was riding along, bike A did a u turn in the middle of the road and bike B hit him he had no where to go. both drivers got hurt, bike B got a citation for following to close. what could bike B to fight the ticket and go to court??

  • InsuranceHotline

    If the rider of bike b wants to fight the ticket, they can go to court and explain about rider A doing a U turen

  • Brianna Gonzalez

    I was making a legal u turn when I realized after the turn, I didn’t make it complete. I was going to back out, but stopped when a car was coming fast behind me. I saw I was still in my lane, the white lines I didn’t pass & the old Asian man hit the island, went up it, then another 300 feet he passes a red light, goes another 500 feet down & rams into 2 other cars. I called 911, raced down the street to pull over & see if I can help out. My fault when the cops came, they asked who saw, so I said my part, as I tried leaving he pulled me over & said I was involved.even though he didn’t hit me, he said he hit the island to avoid hitting me, then lost control. I am so mad, the cops said it smelled like marijuana in my car & I told them I had some in my trunk but wasn’t smoking that day. That I always make a u turn there , just today was the first time I didn’t complete it.I told them I always look back when I’m backing up & I stopped when I saw the car coming. It wasn’t my fault, any one else would of slowed down cause the red light was coming up & you still had your lane because like I said I didn’t pass the white lines in my lane. The cop put me down as number one & gave me a file number & sent me on my way. Obviously he still let me drive away so if I was impaired, he would of took me in right? What happens now? Can someone please help me? I have a clean driving record, with insurance & registration but my insurance is the lowest one to pay for so its like covers the driver & not me if my car were to get hit I believe. I’m gonna fight against it believe me, I just need to know because I never been in this. My fault for trying to help out , I should of just left after I called 911.

  • David Ramirez

    If I am traveling on one lane and the light is still green and a driver on the oncoming traffic lane does not yield and makes a left turn in front of me and our cars make contact who is at fault

  • Daniel

    I recently had a guy try and over take me on a narrow one-way residential road and sideswiped me. I realized he was doing this so I stooped he attempted to pull in front of me and hit me with the middle to back section of his vehicle. Who would be at fault in this case?

  • InsuranceHotline

    It sounds like the other driver would be at fault.

  • Damien Santroni

    I was driving in the left lane, reducing my speed to merge into a left turn lane ahead at red light ahead. Traveling down the road, to the left of the left lane is a center turn median. The center turn median eventually turns into a left turn lane ahead at the traffic light at the 4-way intersection. I placed my turn signal on in advance to do the lane change as I always do, then entered the turn lane when the line from the median turns from yellow to an OPEN area/break in the line to enter the the turn lane as one properly should. No one was directly behind me in my rear view mirror before merging into the left turn lane (the only cars present were 3-4 car lengths behind me). No one was in my drivers side mirror prior to making the lane change. Went to change lanes into the left turn lane and a van hit my drivers side rear quarter panel and peeled the exterior of my door off forward like a banana peel. Since I entered the turn lane where you are suppose to, I believe the van who hit me already switched lanes quickly thus would of had to be driving in the center median BEFORE you are allowed to enter into the turn lane. I had to look back over my shoulder upon impact to determine what hit me. Plus my drivers side window was down, and I heard the van still accelerating as if attempting to overtake me from behind. Who is at fault?

  • Alma Rodriguez

    I was driving west on the right lane on a tight residential street. South side(my left)is a field and north side(my right) are houses. I was in my lane taking my husband to work driving between 25-27mph when I see the oncoming car slightly start to come into my lane(keep in mind there are no lines painted on street) as soon as I notice this I step on the brakes staying in the same position my side of the road cause if I tried moving to my right I would have hit the back of a parked Astro van and she would have still hit me. She ended up hitting me on the driver side bumper fender headlights and manage to move the hood on my car over to the right making it overlap the right fender. Come to find out the house that this happened in front of is where she lives(mind u I’m 33 and she might be between 18-20). Her father ran out saying not to call police and he would pay out of pocket to my husband. She didn’t say anything got back in her car and moved it into her driveway asap. Luckily my husband got 2 pictures of her car and my car of where they were left right after impact. We went and got an estimate $4,100 took it to their house at 3:45pm accident happened at 2:50pm. Dad then said you gotta work it out with daughter now but she wasn’t home. Said to go back at 9pm she would be back home. He called my husband to go later that day at 9pm. I went with mother in law and girl decided to speak up now and stated in her words”I live here. This is my street, my driveway and you were going fast and hit me” I laughed and said let’s call police parents didn’t want police involved so finally we said you obviously are taking back your word to pay out of pocket so let’s trade insurance info. It took 20 mins to get the insurance cause she wouldn’t budge and said you give me yours first then I’ll give you mine. Ugh finally we traded insurance info went home. Got a call from a police officer at 10:30 said they called them stated we were going to their house a lot and harassing them so that I needed to stop. What a lie when they themselves called us to go over. Cop said he wasn’t gonna make an accident report cause we exchanged insurance info to let the insurance deal with it. Now the adjuster stated she is saying it was my fault and not hers. She didn’t even have a turn signal on. We were the only ones to take pictures they didn’t so I emailed them to the adjuster and someone is coming out to inspect my car and take photos so he can make a decision. Who really is at fault here. I had my 2 month old and 18 month old with me at the time of accident and a total of 3 car seats involved.

  • Daniel Cardoso

    Isn’t it 6 years by average? I had an accident about a month and 10 days ago in which the police told me it was my fault 100% – but they didn’t charge me for failing to yield the right of way with 3 demerit points (because they knew that it was a human error and my dad works for the police as an IT). I was turning towards a gas station too in which the lane was not even painted (so it was hard to determine if it was one or two lane(s)). Plus I heard that rates will increase (for an experience driver which would be 20%) – since I am 26 and have my full license. I have to wait until renewal (just to see how much it is) – but I doubt that the insurance company would cancel or non-renew the policy. I am probably guessing that I have to wait until the next 5 years for me to be at the clean slate and that the 6th year I would be qualified for accident forgiveness. I realized that it goes by age and not on the day of the accident (so let’s say if I turned 30 or 31, the insurance would be back to it’s cheap rate but not at it’s clean rate in 32). Oh and I live in the province of Ontario but not in the big cities. Just the county itself.

  • Jason

    Car double park hazard lights on as I’m going to pass on the right I’m almost Bumper to bumper the other driver decides to lock wheels and start backing up andhit me on the side driver side front doors. Who is at fault?

  • Muhammad Imran Afaqy

    Guildford Road is a single lane one way road i.e. one lane in each direction. On both sides, there is cycle + parking lanes. The sequence of event is as follows.
    1. I was coming from Woodville road onto the Guildford Road and other driver was coming from Guildford Station side of the Guildford road, towards Woodville road.
    2. I signaled to turn right onto West Street from Guildford road. The traffic (one car) coming from Guildford station side stopped for me giving me way to take right turn from Guildford Road onto West Street.
    3. I moved my car to take my way into the West Street, but as soon as I passed the drive lane in front of the waiting car, the other driver overtook the stopped cars from left side, drove into the cycle + park lane and hit my car while it was passing in front of the stopped car.

    The other driver is at fault due to the two main reasons (this is my opinion):
    1- Overtaking from left side on a single lane road, and then
    2- Driving in the cycle lane

    Could you comment on who is at fault in this scneario.

  • Roma Mayhew

    I lost control and went into other lane,and the side of my car was hit,it spun me round and then I was forcefully hit from behind by another car.. Am I completely at fault?

  • InsuranceHotline

    it is likely that you are 100% at fault since you say you “lost control” of your vehicle.

  • disqus_flaxxhjUn8

    I was stationary in queuing traffic and an 18 year old lad ran in front of my car to cross the road
    He carried on running and was hit buy a car coming in opposite direction
    He bounced off their car and his head hit my front wing causing a dent
    Can I claim?

  • Perez

    I was driving on a two lane road , one lane to go one way and the other lane to go the other way . When a car all of the sudden crossed my path instead of waiting for the road to be clear . We both slammed our breaks but I ended up hitting his car , we both have damaged on the front right fender . Whose at fault ?

  • Tyler Turnbull

    Hey
    I was merging into a double right turning Lane, there are 5 lanes and the far right two turn left. I was half way through the first merging into the second when I another car hit mine in the rear right quarter panel. He spun me 180°. He was apparently speeding
    Was I at fault for not seeing him as I went into the far right lane or is he at fault for trying to pass me?
    We were in the dotted line are, the front of my car was on the solid white line though

  • Tyler Turnbull

    Sorry they turn right not left

  • Abe

    If I’m moving forward and I stop and let a vehicle from the opposite side make a left into a parking lot and a biker is riding on my right side and gets struck by the car crossing over who’s at fault

  • Discusted with Lier’s

    I was exiting a 4 lane freeway (single exit lane exit to the right, normal white stripes that divide the exit lane from the freeway) about 3/4 of the way to where the median starts an SUV veers out of the freeway lane across the two white lines and I swerve to the right trying to avoid the SUV but it strikes my rear door and rear quarter panel with her front right fender and bumper.. Now the SUV is trying to say I was attempting to pass on the right and hit her! (No shoulder on right and it was a single lane) it is her word against mine (I have a 100% clean driving record). So how will they determine fault.

  • Hannah

    I was recently driving and I had just passed an intersection in the left lane where a bus was turning ahead so all the cars were moving into the right lane to go around it. The car behind me was still in the intersection and I looked and no one was coming through the intersection on the right, so I signalled and started to turn but the car directly behind me decided to speed up and go instead of waiting his turn, changing lanes in the intersection, while I had already started to turn into the other lane. I saw him going too fast beside our car and tried to move back but the back side of his car near the wheel hit my front bumper on the side. I know it was not my fault – he was making an illegal lane change, but I’m thinking it might *look* as if it is my fault, like I was changing lanes and hit his car. I filed a police report and made a statement. My question is, will they still think it is my fault? Could they determine from the damage that he was the one going faster and was at fault? How much weight does my statement to the police carry? If they do determine I’m at fault, can I fight it? He didn’t even come to the collision centre, it was like he didn’t care at all. I took pictures and we were very close to the intersection so could that help them see he was changing lanes while still in the intersection? Could I send those to the insurance company if they say I am at fault? His car was also huge, it was one of those very large vans, he shouldn’t have been so aggressive/reckless. I tried to get an officer to come as this was my first real accident but of course they don’t send someone for something so minor.

  • Alex

    I was driving down the highway in the middle lane, I signaled that I wanted to change into the left lane and checked my mirror and left blindspot. I had enough space to merge and I turned my head back to the road and began merging left, The car in the left lane accelerated to about 15 mph over the speedlimit. He was going about 70 in a 55 zone, and hit my driver-side mirror and scratched up my left door. Am I still at fault because I was the one merging?

  • InsuranceHotline

    Yes. you will probably be responsible. Most of the time the driver who is merging is considered to be at fault.

  • Clinton Kourik

    I was travelling down the Hwy speed limit 55, a small car is driving a full car length in front of me. There is ice on the road and it is sleeting, when the car ahead stops suddenly halfway off and halfway on the white line. We are travelling at about 45-50 mph and if I were to apply the brakes I would smash into the back of them. So I attempted to go around tapping lightly on brakes when she flips me off as I start to slide off the road. Is she at fault? it is illegal if a car is not properly stopped on the road and she stopped abruptly in front of me.

  • InsuranceHotline

    You should contact your insurance company as it’s likely you would be considered to be at fault since you were reversing.

  • Angie

    I had the green turn signal to make a left turn and the car driving in the opposite direction turns exactly when I turns he has a red light. I turn into the left lane and he turns into the right lane both going same direction he turns wide into my lane I even try to move further over with so we won’t collide he still find a way to hit the side of my jeep. I have a few scratches on my right passenger door /mirror and he has a few scrapes on the driver side hood. Who is at fault?

  • InsuranceHotline

    If you can prove that the other driver came into your lane then it is likely that you will be not at fault.

  • Sammy Shelton

    I was trying to get in the far left lane from a side street, and the two lanes had stopped to leave me room to get through. I started driving over to that lane and stopped because I couldn’t see past a car. Then a car zoomed by a took off my front license plate. Her car shows no damage but my front bumper has a huge hole in it from where the license plate was ripped out. She tried to say I hit her, but my car wasn’t even moving on impact. So who is at fault?

  • InsuranceHotline

    It sounds like you may be at fault since you have to make sure that the way is clear before merging into traffic.

  • Jimmy

    I was in a accident after a women turned left in Front of me and I couldn’t stop before we hit, She got a ticket for Driving in the line of a driver can I sue her insurance company

  • InsuranceHotline

    It depends on where you live whether or not you can bring a lawsuit. In Ontario, you go to your own insurance company for payment.

  • InsuranceHotline

    In most cases, it’s the driver who is making the left turn is considered to be at fault for the collision. Even if the other driver was speeding it would be difficult to prove.

  • Luke

    I was in a rear end collision with my van i moved back sligtly as i went to pull forward into a right turn to go into a parking area but then felt a bump behind although i checked my mirrors i could not see anyone behind me before i went to pull off they say i reversed and that they was beeping to warn me but admitted at the scene to pulling forward which caused them to be in my blind spot who is at fault as i offered fo fix theyre vehicle as its my first year driving but they kept persponing the repair and caused more damage then i check my insurance and they tell me i can drive vehicles that are fully comp and not mine then they say i cant after its happened

  • InsuranceHotline

    in the majority of cases, the driver who is making the left hand turn is considered to be 100% at fault for the collision

  • InsuranceHotline

    In most of these cases it’s the driver who is changing lanes that is considered to be at fault. It would be difficult to prove that the taxi driver was speeding.

  • Brittney

    I was driving in the far left lane, (there were three lanes and he was in the middle of my lane and the far right lane, which is how he was in the middle lane). the vehicle beside me was almost ahead of me and he clipped my front end with his rear quarter panel, sending me to the left hitting the cement barrier in a construction zone. The speed limit was 70, and he was obviously speeding because he was behind me for awhile at first and then was almost ahead of me upon impact. He said I was changing lanes which I was not I was in the lane I needed to be in to stay in the right track to my destination. the cops never took my statement and put the fault in me. But if I had hit him, wouldn’t the force of my vehicle push his vehicle in the direction that I was going? Because what happened was after impact I was pushed in the direction that he hit me at causing my car to be totaled out? It don’t make sense that if I hit him by “attempting to switch lanes” I would habe hit him with my vehicle heading in the right hand direction, my vehicle would have been pushed to the left causing me to hit the cement barrier. It makes sense that if I hit him I would have sent his rear end in the right hand direction as that was the direction he claimed I was going when changing lanes. . what makes sense is he was attempting to get into my lane and didn’t realize he wasn’t far enough ahead of me and when his rear end hit me it would send me to the left in to the barrier because the force of impact would be coming from his vehicle switching into the left lane. The damage to his vehicle was a flat tire and minor rear quarter panel damage. But the tow guy said it looked to him that maybe the guy a a blow out with his tire which caused it because that’s really all that happened to his vehicle. But the police report only has his statement and not mine so they didn’t even take my side (and my sons) side to the story.
    He claims he switched lanes due to a a lot of vehicles merging into the lanes due to them exiting onto the interstate. Which is not true but even if it was true, it would make sense that if he switched lanes for the merging traffic that maybe he crossed over too much and entered my lane. But that’s not what happened because he was traveling next to me for miles before the accident happened. I need someone to help me try to understand how he accident ended up being that I was at fault

  • Ben

    I have a question. I was going down a 3 lane and was merging into the slower lane. He led behind me and had plenty of space, did what I call and even merger where my car stays almost completely straight with the road. I was going the typical 5 over in the fast lane and a driver came speeding quite fast up two lanes over and merged into the same lane with no turn signal and swiped my front fender with his back quarter panel and tire. Who would be at fault? I would gather the person excessively speeding, and not using signals would be, but the rules are a bit shady on that and I am uncertain.

  • InsuranceHotline

    It sounds like the driver who rear ended the disabled vehicle would be at fault for this collision.

  • InsuranceHotline

    If either of you had a stop sign the driver who had the stop sign is likely going to be at fault.

  • InsuranceHotline

    It would likely be your wife’s fault since she was passing and the other vehicle was in their proper lane.

  • InsuranceHotline

    You might be. Typically when a driver rear ends the vehicle ahead they are considered to be at fault or partially at fault.

  • InsuranceHotline

    Most of the time, the driver who is merging into traffic is considered to be at fault. Since you were the driver who was merging, it is likely that you will be found to be at fault.

  • Sam

    Hello,

    Yesterday I was invlove in the car accident on motorway. It was a multiple car accident and 4 cars was involved. My car was on a speed of 80-85 km/h in a 100 km/h zone.
    Suddenly I saw car infront of me stopped and I tried to stop and the driver at the saw smoke is coming out of my tires. I hit the car from back. I am not sure the car was stopped before I hit the car or still running.
    1st car left because only 2nd car no plate touched the 1st car. 2nd car hit by 3rd car from the back and I hit 3rd car from the back.
    My question is who is going to be in fault in this scenario.
    1st,2nd,3rd or me 4th driver..
    Also how long police take to give reports.
    I don’t have insurance and worried a lot about what is going to happen next.

    Please guide me so that I can understand a little bit how things work. Thanks

    Regards
    Sam

  • Accident

    I was driving down a one lane road. All of a sudden a car appeared on my left side. That should not be on a one lane road. Anyway, he side swiped me on the front drivers side. He said he was trying to make a wide right turn. Both of us told the cops the same thing about what happened. The cops determined that since we had the same stories, no one was at fault. I was not making a wide right turn. However, our insurance company says it was my fault. How can this be when he was on my left on a one lane road. Who’s at fault because I don’t believe it was my fault.

  • Accident

    I am the person who just commented. Just wanted to mention that the cops could not determine who was at fault

  • InsuranceHotline

    Most of the time the driver who is making the left turn is considered to be at fault for the collision.

  • jigs

    hi, i was taking left turn. it was T shape intersection. asap i take a left trun one car hit me from front as that car was coming in wrong lane. means she should be in right lane but she was in my left lane so we hit each other from front. so who is in fault? also for me it was yield sign so i have to yield them but i wait for a while than i move left and we hit.if they would be in their lane so we wont have accident. what is your opinion. as i know i need to yield but that car was also in wrong lane. so who is in fault?

    please and thank you

  • InsuranceHotline

    The majority of the time, the driver who is making the left turn is considered to be at fault

  • InsuranceHotline

    This would be considered a single vehicle accident and since you did not collide with the other vehicle, you cannot claim on their insurance.

  • jigs

    Thanks for your reply. I agree with you but u just imagine that I took complete left turn and than when I was driving in my lane, other car was driving in my lane came over me and we hit each other. If she was not in my lane than we won’t have accident. As I already took complete left turn. Accident happend just after the turn.

    Please let me know.

    Thanks

  • Melina Gianni

    I was in he highway, in the middle of three lanes. As I was looking over my sholder to get over to the next left lane the car infront of me suddenly stopped as I was looking over my blind spot ending me hitting his left light and demaging some of his truck side. Whi is at fault? He was going while I was in the same lane as he, but soon as I looking over my blind spot he compleatly stopped.

  • Craziie

    Any update?

  • Annette

    Where you found at fault?

  • Annette

    Where you found at fault

  • Debbie Simmonds

    I was at a t junction turning right and other car at other junction turni g right hit our front side passenger door got a range rover who’s fault

  • emily

    hi , i was driving in a 3 lane road and i was trying to merge into the right lane i just had my nose in and the driver on the left just side swept my right side and i just need to know who is at fault even if i was careful and we didn`t see each other till it was to late there was minimal if no damage as well

  • InsuranceHotline

    Since you were the driver making a lane change it is likely that you will be found to be at fault

  • Endy M

    i was in the same situation, but when i change lanes, no one was there, and all of the a sudden a car hits me. She sped up to prevent me to enter safely in the other lane…is it still my fault?

  • InsuranceHotline

    Usually the driver who is changing lanes and collides with a vehicle is the lane they are changing into is considered to be at fault

  • Julia

    We just got into an accident everyone is okay no one got hurt but the car that hit us had someone cut him off and swerved out of the way to avoid an accident but instead bounced off the curb and hit us dead on and the officer said no one was at fault just the phantom vehicle that was cutting off the person that hit us. Was this just?

  • InsuranceHotline

    that doesn’t sound quite right. even though the other vehicle was ‘ cut off’ they hit your vehicle so it sounds like they would be at fault.

  • Brianna Surprenant

    i pulled out onto a fairly busy road to see if it was clear to go and had to back up a foot or two because a car was coming and there was a motor cycle right behind me that i backed into …He had to have been sitting on my bump practically ……I looked first but didnt see him because he was on the passenger side back corner rather than in the middke of the lane …….. .should i be at afaukt

  • InsuranceHotline

    Since you reversed into the motorcycle, you will likely be considered to be 100% at fault.

  • InsuranceHotline

    Since your vehicle did not hit his vehicle you should be ok.

  • Ericka

    Hi,

    I was involved in more of a fender bender yesterday as I was on my way to work. I pulled up to a stop sign to turn right, my right blinker was on, i came to a complete stop at the stop sign, and looked in every direction as i was approaching the stop sign to check if it was clear and okay to go. Mind you it was a T intersection. I seen only one car which was coming towards me fixing to turn left onto the street i was turning off of. After i made the right turn when I stopped at the stop sign, a car suddenly out of no where comes up beside me and side swipes me hitting my left side by my headlight as if they were attempting to rush in front of me. I dented her passenger side door. She said that she was going straight onto the road we both were going on so meaning she was coming from behind me, again as i was pulling up to the stop sign everything was clear. However, where she said she came from there’s a lot of trees which blocked her stop sign. I’m not sure if she didn’t see the stop sign and ran it because as I stated the coast was clear on my left side to go ahead and proceed to make my right turn after I stopped at the stop sign. Who would be at fault in this situation?

    Also a police officer did not come out. She said she called them and they told her they would not come out if no one was injured in which I found hard to believe. So we got each other’s information and i took some pictures for evidence just in case then went on our way. The whole incident didn’t seem right to me, so I would just like some professional imput on who would be at fault in this situation.

    Photos below are of the damage that was done to my car (navy) and her car. (burgandy)

  • Angela Fletcher

    I had to swerve slightly to avoid a car that cut me up. It caused the woman inthe unside lane to swerve scuffing her tyres. The first xar got away scott free but now the car that had to swerve because i had to swerve is expecting me to pay for her tyres. Is it my fault?

  • InsuranceHotline

    If you didn’t collide with the vehicle then you should not have to pay.

  • jack lee

    In a three lane street at the intersection, the driver in the center lane decided to take a left turn and hit your car while you were trying to make a left turn at the left turn lane, the fault is the driver in the center lane, right? The center lane is unmarked. Can he still turn?

  • InsuranceHotline

    If only the left lane is marked for a left turn then only the vehicle in the left lane can make a left turn. The center lane should go straight.

  • Armando

    So am in a 3 lane boulevard and am on the 3rd left lane,traffic was really heavy bumper to bumper. Am just about 10 feet where the center lane becomes a left lane to turn left at the light. It’s a red light so I see my opportunity to start merging towards the left only center lane and as I start moving in (just front wheel/fender) I get side swiped by this driver who was using the center lane of the boulevard to cut thru traffic. Technically he was going the wrong way since center lane has left yields so ppl can turn left to go into small residential streets. Using an illegal lane and I never saw him when I checked and I should be focus infront since opposite traffic should be the only danger to me, any feedback would be highly appreciated. Just stressing a bit

  • Kristen Peace

    In 2017 my fiance was involved in an accident. The day before the accident he bought the motorcycle from an individual seller and had it loaded on a trailer to be carried to his mom’s house until he went and took his learner’s test. He passed his test the next day so we go to pick it up to bring back home which is only 7 minutes from his mom’s house. While traveling on a straight road a lady making a left turn pulls out in front of him. He tried to stop but hit her front drivers side bumper. I was at least two maybe two and a half car lengths behind him in our 2010 Honda. I laid into the breaks just enough to slow the car down to about 20mph because I was pregnant with our second son and I didn’t want to cause him any harm and slammed the car in park five feet from the road the lady pulled out from which put the vehicle around 10-12 feet from where hers was sitting. My fiance had to go to the hospital due to whiplash, shoulder injury, and severe road rash all over his left side of his body and lower back. The lady’s insurance company is saying my fiance was at fault which I don’t see how when he was driving on a straight road while the lady was making a left turn on to that road. Also he was driving the speed limit, maintaining his lane, had his headlights on since it was just starting to get dark, and his helmet was white. My headlights we’re also on. He was out of work for quite some time as well. I had to help give him sponge baths, wrap his wounds/apply meds, feed him, help him get dressed, and use the restroom. Now his lawyer is saying they are having problems settling his case because of his skid distance. The police report states that he left a skid marks of 31.7ft before he struck the pavement with the left side of his bike and then slid 83.7ft before striking her car then slid 43.5ft to point of rest. Can someone give me advice on why the skid distance would be a problem? I’m really confused for the simple fact he did not lay his bike down before hitting her vehicle and if he would have laid it down and slid 83.7 feet he most likely would have needed skin graphs due to the simple fact the only protection he was wearing was his helmet. Plus, the bike would be messed up on the entire left side and there is only one rock and some scratches/paint missing on the gas tank/near seat on the left side of the bike and it would have stopped at the point of rest where it hit her car since it was sliding on pavement and so would he. The entire front end of his bike it totaled. The police report also states the accident took place 3.5ft into the westbound lane and that the driver of vehicle #2 could see the car behind him (me in the Honda) but could not see him before pulling out into the road. His bike was laying about 20ft from her car in the opposite lane we were traveling and he was laying about 15ft from her vehicle at someone’s mailbox. They seen the entire accident. When they loaded him into the ambulance to go to the hospital a police officer talked with me and the lady together since I was giving him my fiances information. She did admit in front of me to the officer just like the report says that she did not see him due to the treeline obstructing her view which doesn’t make sense to me since she could see me clearly but she also told the officer that she was at fault and she pulled out in front of him but I don’t understand why that wasn’t listed in the police report. Is there anyway i can get the audio recording of the officer talking with me and the other lady? II nee some advice on what he should do since there is clear evidence it was the ladies fault. Do we need to discuss our questions and concerns with his lawyer again or just take it to court because his lawyer hasn’t contacted him in almost 7 months until just last month when he stated that the skid distance in the police report was the problem.

    In the image I provided you can see the vehicle of the lady, my fiance’s bike and the mailbox which is the point of rest. My fiance was approximately five feet from hitting the mailbox and approximately 15-20ft from her vehicle which has also got me questioning why the police report stated after he hit her him and bike slid 43.5ft to the point of rest when the mailbox almost sits directly accross from the road she pulled out from.

    Thank you to anyone who takes the time to give me some advice and point me in the right direction! God bless!

    -Kristen

    Other details: State of GA, no insurance on bike, in GA have 30 days to get registration/tag, no ticket issued to anyone/fiance went through physical therapy for three months.

    https://uploads.disquscdn.com/images/53e1d1784ff376fc11f05bf70a78df16c7abf00d7334972a6d1422e8351407b7.jpg

  • InsuranceHotline

    If you were exiting your driveway onto the street it is likely that you will be considered to be at fault.

  • Brandi McGlathery

    My boyfriend had a tire blowout and went into oncoming traffic but was tboned on his rear passenger side. Who would be at fault? The other party did not attempt to avoid him.

  • InsuranceHotline

    Since your boyfriend went into the path of the oncoming driver (even though it was a blown tire) he will likely considered to be at fault

  • Steve wilson

    I was driving down and icy road knowing how bad it was, I was driving way below the speed limit. When I got to the sharp corner turning right on a blind corner. There was a driver almost in the center of the road. I had no choice to hit the breaks which stopped a head on collision but unfortunately the car hit the rear of my truck when it started to slide because they were unable to move due to the tires being bald. Now I have photos of the who accident and I was charge with a ticket for driving on the wrong side cause rear of on my truck slid out. The officer took no pictures and no statement from me at all. I did have winter tires. I’m wondering why the officer didn’t want to listen to listen to me at all. I was being polite and never raised my voice once. I explained what happened and he never wrote a thing down. What do I do cause I had no fault in this and my truck was a avoiding a head on collision with a vehicle in my lane.