Is there a case law that i can review regarding a road traffic accident when the third party had pulled out of a side road & the claimant has had to take evasive action because of this & subsequently wrote their car off & suffered injury without hitting the TP vehicle?
Serious answers only please.
2007-01-22 09:05:39 · 14 answers · asked by jo p 2 in Cars & Transportation ➔ Insurance & Registration
If this person is suing for a considerable amount of money, I would hirer a lawyer, and most insurance companies will provide one for you.
2007-01-22 09:15:12 · answer #1 · answered by billybobcowboy 2 · 0⤊ 0⤋
If the 3d party ran a stop sign, it would become failure to give right-of-way, A vehicle traveling on a high-way has the right-of-away over cars entering or crossing the street or driveway.in a intersection with no traffic light or stop sign, or one with four-way stop signs, the right-of-way belongs to the car that reached the intersection first; if two cars arrive at the same time; right-of-way belongs to the car on the right, so if the 3d party committed the first failure,causing you to be involved in a accident, and you have witness and or proof,you may need to contact a good lawyer and sue for damages, pain and suffering, medical bills acquired and lawyer coasts and time off work to deal with this case. But beware that the prosecuting attorney will ask how close were you to the 2ND party, and were you at a safe distance or were you tailgating ?. to review case laws not all states have the same laws. you would have to look in a law library public info to all. this is the best I can do with limited info.
2007-01-22 10:32:01 · answer #2 · answered by Answer man 1 · 0⤊ 1⤋
Rta Case Law
2016-12-10 19:42:52 · answer #3 · answered by ? 4 · 0⤊ 0⤋
i suggest that you contact a specialist solicitor. the scenario you describe has countless case law. how ever it is a complex legal question and you need legal advice. speaking as an accident investigator there are so many permutations to your accident that with out a full investigation i could not say what the facts were never mind if and what case law may apply.( that bit is the solicitors job anyway)
sorry cant be more positive
2007-01-24 08:07:29 · answer #4 · answered by The Fat Controller 5 · 0⤊ 0⤋
Couldn't tell you case law, but I always remembered my driving instructor telling me that if a car pulled out in front of you and they only options available to you were to hit them or something else was to hit them. It's a lot easier getting a claim settled when the offending vehicle can't do a runner.
2007-01-22 09:17:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No specific case law I'm aware of that would cover that. They are usually looked at on a case by case basis. As others have suggested, you need to be represented and only your attorney can answer the question for you.
2007-01-22 09:52:04 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
There are some states where even in a failure to yield situation the fact that you drove your car in a manner in which you couldn't stop or slow down to avoid the accident means you were at fault as well.
In Iowa for example....there is a driving offense in the code called "Failure to stop in an assured clear distance," which basically says that at ALL times you must be able to stop to avoid a collision. If somebody pulls out in front of you....they can get ticketed for "Failure to Yield," but YOU could also be ticketed for "Failure to Stop in an Assured Clear Distance."
2007-01-22 16:06:23 · answer #7 · answered by markmywordz 5 · 0⤊ 0⤋
There is definitely case law on it.
It's considered proximate cause. It happens a lot with motorcycles and bicycles (where the cyclist lays down and actually avoids contacting the car).
Sorry, I don't have specific cases offhand, but there are definitely cases out there.
2007-01-22 22:55:13 · answer #8 · answered by jerry 5 · 0⤊ 0⤋
After checking in both directions behind my parked truck, I began exiting the parking place. I couldn't make it out after the first attempt and had to pull forward again before backing a second time. While I was pulling forward the first time, a car behind me pulled up right behind me and in my blind spot, parked illegally, blocking two parked cars across the alley. When I backed up the second time, that car was right behind me and I hit it. She didn't honk her horn or make any effort to let me know she was there. The only damage done was to her vehicle - am I at fault because she wasn't smart enough to let me finish backing from the parking place?
2014-07-18 09:20:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Don't take some of the rubbish on here for gospel, not in view of the seriousness of your question. Go and see a solicitor, they usually give the first interview free.
2007-01-23 04:05:47 · answer #10 · answered by champer 7 · 0⤊ 0⤋