I was in an auto accident and want to know whose "fault" it would be.?

Question

Ok, so I was a three way intersection. I had a stop sign and I stopped, looked, did all that good stuff, when I went to pull out to turn left onto the road ( i was going kinda slow because I didn't know the area at all) a truck came around a turn and rear ended me. I didn't even see him! So, my car is a POS anyway and I've already been in an accident in the rear end in it and his truck had minimal damage (like a scratch and a ding) so we decided not to get the insurance involved but we exchanged info anyway.
So was it my fault for pulling out?

He didn't have a stop sign. He was on the major road.

Well thats why I'm confused, I was already on the road when he rear ended me. He said he saw me and tried to stop but it was too late and he was carrying a trailor on the back of his truck which probably hindered him from stopping quick enough.
We realized we were both at some fault but legally speaking whose fault would it be.
I really hope I don't get screwed over, he was so nice.

Answer 1

Based on the information you presented, fault is to neither of you. Legally that might not be true. You made several mistakes, though. First, if either car was damaged, you should have called the police to do and accident investigation. They would have in turn ascribed fault. In some states being rear-ended automatically puts the person who hit you at fault. Of course, it is your resposibility to be sure the way is clear from the described intersection because thru traffic doe not have to stop. Also, the fact that he had a tractor behind his truck may well mean that his vehicle was illegally overloaded and would thereby make him at fault for driving a vehicle illegally on the public roads.Regardless of all this-you decided not to call the police so now there is no fault and both of you are responsible for damages to your own vehicle. Never assume everything is alright. Always get the police involved if there are damages or injuries. (The bummer is, you could have violated the law by failing to report the accident). Put it behind you now if you and the other party cannot come to an agreement.

Answer 2

There is on more question to be answered. What was the speed limit on the main road which you entered? Coz if there was a stop sign before you entered the road, then the speed limit on the road you turned into would automatically be around 40. So was the truck guy speeding? This accident clearly shows that he wasnt doing the correct speed as if he was, then he should have definitely been able to stop before even getting very close to your car. So how are you going to get your car fixed if its a POS now? The trucker may have been a nice person but hey, if he was 10 or 20 miles faster, what do you think is the chance you stand of being unhurt today?

Answer 3

If you exchanged insurance information, you will find out. Also, you may have been required by law to report the accident. A lot of people try to avoid reporting what may appear to be a small accident but you better know the law of your locality. If you have been accident free, it will not make a difference to your insurer who really should be notified anyway so as not to be surprised if a claim comes in against you unexpectedly. It sounds like the driver of the truck was not able to control his vehicle rather than you causing the problem.

Answer 4

This reads as if it was the truck driver's fault. They say as a rule of thumb: Always contact the police in the event of a car accident--no matter how minor. Sometimes a minor bump may have done hidden damage to your car that was not evident at the time of the collision.

Answer 5

driving force A is at fault. even although that they had blocked inventive and prescient, driving force B had the right of way and driving force A has a responsibility to insure that the realm is sparkling before transferring ahead. fairly some time to end is an quite subjective degree, or perhaps if driving force B did have fairly some time and admits that he might want to have swerved yet did not, or did not circumvent the coincidence at the same time as he knew he might want to have then there's a narrow quantity of criminal responsibility positioned on driving force B...perhaps 5%, yet even then that would want to be a huge perhaps. Sorry if you're driving force A

Answer 6

Unless he did not have a stop sign, it is his fault. Even if you say your car is a POS, I would report it to his insurance company anyway. Especially if you have significant damage. If the damage is more than the vehicle is worth, you will get the actual cash value of your car. It may be good money - so I would report it!

Answer 7

Depending on your location, most laws in the US say that if another vehicle "rear ends" you. That motorist is at fault. It doesn't matter what condition your vehicle was/is in cars today are made to "crumple" and so absorb the impact to protect the occupants.

FYI in some states it is a crime to "not report" an accident and if he files a report and you do not you could be charged.

Answer 8

He rear ended you, that makes it his fault for not paying attention at a dangerous intersection. You stopped and made sure it was safe, you are in the right

Answer 9

Well if you didn't see him than it was probably be looking better, so it may be your fault, if it is a major road why isn't there a traffic light? Well it may be your fault, because he had the right away.

Sorry but I think it's your fault

Good Luck

Answer 10

The majority of fault would seem to be yours. You had a stop sign and didn't yield to traffic that had the right of way. The other driver may be 10-20% at fault for speed and failing to keep a proper lookout, but you didn't yield from the stop sign.