I got into a car accident where i was in a right lane and a guy was next to me in the middle lane. I was driving in his blind spot but i would have eventually passed him...if he hadnt gotten into my lane. He changed lanes even though i was next to him and he forced me onto the curb. I just wanna know whose fault is it? Some people say i shouldnt have been driving in his blind spot...but i say that he should have checked his blind spot because its impossible to always avoid driving in peoples blind spot.
2007-01-23 12:28:58 · 13 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Thanks for your answers...and he came over so fast that i couldnt really honk or slow down and he did actually hit my car
2007-01-24 12:44:29 · update #1
This is a matter of negligence. Are you negligent for driving in his blind spot? YES. Is he negligent for changing lanes unsafely, YES. Who is proximate cause however? He is. Do you share in liability of the accident? Probably, but that depends on what you did to avoid the accident? Honk? Brake? If you did nothing, and you have a duty to do so, then you would share in the responsibility. But who is the greater cause? He is.
2007-01-23 14:17:03 · answer #1 · answered by bundysmom 6 · 0⤊ 1⤋
Car Accident Whose Fault
2016-12-08 18:43:32 · answer #2 · answered by shorb 4 · 0⤊ 0⤋
I'm so sorry this happened to you. It is important to know what the police report says--what the police officers at the scene say in the report, what the other driver says happened, and what you stated to the officer and what he subsequently put in his report. Also it is important to consider whether or not the other driver was cited (i.e., got a ticket) for completely blowing that light like an asshole. If he got a ticket, he will be what we call in the law "negligent per se", which means he's negligent and his negligent caused the damage. No need to prove it with witnesses. Are there any witnesses at all? You really would only need one. If possible, gather all your info before proceeding to another lawyer. As you know, many personal injury lawyers work on contingency, which means they get nothing unless they get a judgment for you--so they are motivated to work hard. Maybe the lawyer you talked to was just lazy because it's not an open-and-shut case and it will take some leg work. Even if a lawyer will not take your case, your insurance company will work their butts off to get their money back from his insurance company, because it was his fault. So don't forget to stay connected with your insurance company. but to answer your question, NO, if you proceeded through the green light like a law abiding citizen, and he blew the light to get his bratty kid to school on time, then you broke no laws and if justice prevails, should be fairly compensated for your car, your pain, suffering, and lost wages.
2016-05-24 02:29:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'm not a cop, but it sounds like he was at fault for the lane change. Being in a blind spot has nothing to do with it. He should have looked prior to moving.
It is legal to pass a car on the right in a multilane situation
2007-01-23 12:54:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No question it is his fault. He has to check his mirrors and blind spots before changing lanes. If he hits a vehicle already established in that lane it is his fault. I'm assuming he hit you in this scenario, even though you didn't really say that.
2007-01-23 13:10:43 · answer #5 · answered by Chris 5 · 0⤊ 0⤋
You can't change lanes without looking to be sure the lane is clear, you are required to actually look over your shoulder since someone may be in your blind spot.
2007-01-23 12:55:28 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
I would think he should be charged with wreckless driving. You can't just switch lanes without looking. If that were the case we'd have a lot more car accidents. I think it was careless of the other driver. I always use my mirrors and also turn my head to double check first before changing lanes.
2007-01-23 12:35:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
AT Dub Fest in OC, maryland, a guy pulled into my 1st ca, a 95 civic ex. He got reckless driving. It's understandable to be in their blind spot in traffic, but you SHOULD avoid driving in anyones blind spot if possible. If you did something to try and avoid the accident, its all on him. If you didn't honk or anything, you'll share the blame.
2007-01-23 14:49:30 · answer #8 · answered by Integra08 1 · 0⤊ 0⤋
thats not your fault he should have checked his blind spot before changing lanes!! everybody knows that you cant drive around avoiding peoples blind spots i was never taught to drive and do that
2007-01-23 13:42:35 · answer #9 · answered by Sasha 2 · 0⤊ 0⤋
Well, since he didn't actually hit your car I would say the other driver was the CAUSE of the loss; the fault in hitting the curb is squarely on you.
2007-01-23 12:58:44 · answer #10 · answered by Anonymous · 0⤊ 0⤋