Accident, who will be assigned fault?

Discussion in 'Stories from the Front Lines' started by Tallyho, Jun 29, 2018.

  1. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    Will play video soon. Mods plead move if in wrong section.

    Driving to work today. Pulled into driveway right after another vehicle who needlessly came to a stop and impeded my clearing the road.

    Still plenty of time for oncoming traffic to stop yet was rear ended.

    Who will be at fault?

    @PointerCone
     
  2. racee78

    racee78 Learning to Drive General User

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    Hope everyone involved and is ok.

    In my experience, it will be the person who rear ended you. It is the responsibility of drivers to avoid accidents and if they can’t, that’s what insurance is for.

    It sucks the person came to a halt unnecessarily, but that wasn’t your fault and neither is having someone hit you from behind.

    You are however at fault if you hit the person in front of you prior to being hit from behind, but it sounds like you were just rear ended.




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  3. Choose Life

    Choose Life 35.5 hater R3 Day One User Advanced User Premium Member

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    Can't defend a rear end
    Unless you recklessly pulled out into the right of way and its backed up by statements or on camera

    Other driver is at fault for following too closely

    Sorry
    Accidents suck
     
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  4. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    So they didn't rear end me.

    I was turning left and pulled across traffic into a business entrance when the car that pulled in before me came a complete stop and left me with my rear bumper exposed, which got clipped.

    The other driver hit me on my right rear which cause damage to my car and their right front fender.

    Another 12 inches and this would never have happened.
     
    Last edited: Jun 29, 2018
  5. racee78

    racee78 Learning to Drive General User

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    Was the center line solid or broken?

    It sucks for the person who clipped you but in most states it’s still be their fault for not avoiding the collision. It is possible in some states for fault to be split 50/50 though.

    As much as I’m sure you’d want it to solely be on the dummy who stopped in front of you, they will not be liable for anything that happened. They, as well as the car that clipped you, would argue you shouldn’t turn until clear enough to be fully in the drive you’re turning in to even if someone stops though we’ve all done it at some point.

    It sucks all around, but good luck with the outcome.


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  6. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    Yeah the driver in front of me is definitely not a party to this accident. They made stupid decisions but under the law they have no liability.

    I'll have to pull statutes regarding clearing an intersection and duty to avoid.
     
  7. STS134

    STS134 Premium Member Advanced User Premium Member

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    WHY did that person stop? If it was completely unnecessary, I'm not sure they'd be found 100% blameless. But that's what courts and judges are for.
     
  8. nomore55

    nomore55 PSL +7 Advanced User Premium Member

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    I was in a situation like this a few years. Idiot in front of me stopped for no reason on a 45 mph road, I guess they were "lost". I was able to stop but the guy 2 cars behind me wasn't so lucky. I don't know for certain, but suspect the guy 2 cars behind me took 100% of the blame even though it was the moron in front of me that stopped for no apparent reason. Some really thoughtless drivers out there.
     
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  9. STS134

    STS134 Premium Member Advanced User Premium Member

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    If you get hit from the rear, the guy behind you is 100% to blame. You're supposed to maintain a safe following distance from the car ahead. But in this case, it was someone stopping while going into a driveway, which caused the OP's car to be "hung out to dry" with its broad side facing oncoming traffic, which caused a collision. It's far less clear who's to blame in this scenario. You're obviously supposed to make sure you can safely make it though the intersection before proceeding to cross traffic, but you are allowed to make reasonable assumptions about what's going on ahead of you. If the guy just stopped for no reason, with traffic behind him and nothing in front of him, I'm not sure he'd be found completely blameless by the courts, as a reasonable person would have expected him to not stop. The fact that there's video of the incident makes it even more interesting because a Judge would be able to see exactly what happened.
     
    Last edited: Jun 29, 2018
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  10. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    I do not have access to a PC with a working USB at the moment otherwise I would have reviewed the footage by now.

    So there was a utility truck that made a wrong turn and pulled into this driveway. It was pulling out as vehicle 1 and vehicle 2 pulled in (me). We were side by side but had more than adequate room to clear the truck. No reason in the world to stop but certainly reason to proceed cautiously at a prudent speed, other than 0.
     
  11. hiddencam

    hiddencam Premium Member Advanced User Premium Member

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    Depends on the timing of events. I'm thinking it all depends on how much time the guy who clipped you had to stop to avoid the collision. If your maneuver left him with insufficient time to stop and he had to maintain his lane and had no options other than to slam on his brakes and do his best to stop but still hit you, it's entirely your fault. But if he had plenty of time and you were in a stationary position for a reasonable enough time for him to be able to stop to avoid the collision it's his fault. The video will be crucial.
     
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  12. Choose Life

    Choose Life 35.5 hater R3 Day One User Advanced User Premium Member

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    Take the micro sd out of your cam and put it in your android phone downloading power director from the google store
     
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  13. CJR238

    CJR238 -CMS Article Admin- Administrator Advanced User Premium Member

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    The person who rear ended/clipped you is at fault. They clearly hit your car with the front or side of there car, they were the only ones who could have avoided hitting the back of your car.
     
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  14. Deacon

    Deacon TXCTG Advanced User Premium Member

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    The dashcam could be your savior. It was for me when an old fart backed into my door at a gas station. Normally they would call it no-fault, but because I had the dash cam video, they were able to assign full fault to the other driver.
     
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  15. PointerCone

    PointerCone M3 Kng Advanced User Premium Member

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    Technically you were right side "rear ended" Veh 2 (other guy) should get a ticket for failure to reduce speed to avoid an accident. I assume you were NOT moving at that point and were stationary. The guy who did the hitting has a duty to drive at a prudent and safe speed so to avoid hitting you.

    (625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
    Sec. 11-601. General speed restrictions.
    (a) No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
     
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  16. fireparamed

    fireparamed Learning to Fly Beginner User

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    Unfortunately it has been my experience that a driver turning left is generally the driver considered at fault. Many on here are saying you were “rear ended” when in fact you were “side swiped” i.e. you turned left in front of a vehicle and got hit in their lane of traffic. They are entitled to that lane of travel not you. You must clear all lanes of traffic PRIOR to turning....not make the assumption that it will be clear when you get there. It’s a super crappy deal for sure but your best hope is that they split the fault, but driver 1 will state a vehicle backing out blocked him, driver 3 will state he was unable to maneuver around you and was stuck in his lane with no option. Your video MIGHT be able to assign some fault to driver 3 if there was a crazy amount of time for him to A) See you and B) Take appropriate precautions such as stopping or changing lanes.

    Good luck. I hope the video paints a good picture of what happened. P.S. in my area, in a non injury accident, the police don’t even investigate any more. They just assign a case number and let the insurance companies go to work. So maybe that would give you a chance to get the fault split.
     
    Last edited: Jun 29, 2018
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  17. GTO_04

    GTO_04 Premium Member Advanced User Premium Member

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    Sorry to see that! How much damage?

    GTO_04
     
  18. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    Thankfully all things considered it was minor. No structural damage, just ripped off/destroyed my bumper. I should be able to find one used for a reasonable price, under $500 and install myself.
     
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  19. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Beginner User Premium Member

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    Sorry this happened. How have things gone so far with the local law enforcement and insurance? Did you have police come out for an accident report, or just both swap insurance and part ways?
     
  20. Tallyho

    Tallyho Premium Member Advanced User Premium Member

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    No citations issued at the time, only insurance info exchanged by the officer.

    The other driver did file a claim against me, including a medical claim which is 100% bullshit. She was being a royal b*** the entire time her jaws were flapping and nothing impaired that ability. Nobody was even remotely injured by this incident.

    Depending how that turns out I may file a claim against her. So still in the hands of insurance.

    Many thanks given to @fishing66 for his expertise and insight into the claim liability process.

    I had a used, paint matched, bumper shipped from Georgia for under $500 so hopefully that pans out. If you ever need to ship extra large car parts, Greyhound can't be beaten. FedEx freight wanted $225 with a 60% discount already applied to that price. Greyhound only wanted $85 but they don't have real time tracking either so my bumper could be anywhere in the US right now and it will get here when it gets here, lol.