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I was driving on I-5 and all of a sudden a car way in front of me changes out of the exit lane and gets into my lane, causing all the cars in front of me to slam on their brakes. I tried to slam on them as well but soon realized it was getting me no where and decided to swerve into the lane next to me and hope no one was there.

Someone was there and from where I was hit, rear quarter panel, I'm guessing he was on my rear bumper or a little behind me at the time I switched lanes and didn't notice all the people in my lane slamming on their brakes. I didn't have time to turn on my signal and we crashed. In a perfect world that benefits me, the person who changed lanes initially is to blame but he drove off free and easy. So, is this 100% without a doubt my fault or can I somehow manage to make a case out of this somehow?

Any input would be helpful. I have too many bills and the last thing I need is a major insurance hike. Thanks!

2007-10-18 18:47:56 · 12 answers · asked by Anonymous in Cars & Transportation Insurance & Registration

12 answers

Legally, you have an obligation to be able to stop if the person in front of you slams on his/her brake. Although that guy up ahead was a jerk - clearly you didn't meet your obligation or his bad driving would not have caused you to have to change lanes.

Sorry kiddo - this is your fault - you were following too close, and as a result of that mistake, made an unsafe lane change resulting in an accident. That was probably a good decision, had you slammed into the car in front of you, there would have been a good chance of injuries, which it sounds like you avoided here.

Live and learn!

2007-10-18 19:01:57 · answer #1 · answered by PMack 7 · 1 0

You are at fault . You are responsible for making sure the lane next to you is open before you move into it . Even in your case where you didn't have time . It also would have been your fault if you slammed on your brakes and hit the car in front of you. You where following to close which is the reason the accident happened .Sorry but that is what your insurance adj or theres will tell you!

2007-10-18 20:37:35 · answer #2 · answered by Anonymous · 1 0

Drove off free and easy? What do you mean? If he left the scene of an accident, then he's in legal trouble and in some states is considered automatically at fault.

Otherwise, it may depend on how the police officer writes up the report. In many cases, the car farthest to the back is considered at fault, because you are legally supposed to be in control of your car at all times and able to stop before a collision occurs. In reality, though, if someone swerves into your lane immediately and without notice... I'd say you've got a good shot at the accident being labeled no fault. You'll still face an insurance hike, but it won't be as severe since a no fault places zero points on your license.

2007-10-18 18:58:41 · answer #3 · answered by Magaroni 5 · 1 1

In my opinion, you should not have changed the lane to avoid collision because that too resulted in collision. So that leaves you no where. You do not mention that other cars who slammed their brakes...if they resulted in a collision or not. If other cars that slammed the brakes did not crash and you're the only motorist who crash, then it makes it extremely difficult for you to justify to insurance or court that it wasn't your fault. You may have to hire an attorney to help you out if you don't want your insurance to be penalized or if you don't want to be ticketed. I remember several years back in a driving course, i was told that when you can't avoid the collision, just press the brakes as much as you can but do not change lanes even if staying in the same lane results in crash. Without attorney it will be next to impossible to save yourself from massive insurance hike or prove that you're not at fault.

2007-10-18 19:02:32 · answer #4 · answered by Anonymous · 1 0

Well something similar happened to me when I was on i-10 I was driving a good speed limit when all of a sudden this car decides to cut people off, so he decides to change lanes not seeing that I was on that lane, so I panicked and swerved to the other lane and I guess I rotated the wheel so hard and I ended up hitting another car, the good thing is that I had a witness that saw the accident and explained that it wasn't my fault. If you don't have a witness its better to explain exactly what happened and they might let it go. Good luck

2007-10-18 19:33:57 · answer #5 · answered by Erika Q 1 · 0 1

Don't know which state you were in, but I have been licensed in WA and CA. In both states you would be blamed for the accident. If you change lanes you must do so in a manner which does not interfere with the flow of traffic. If you are following another vehicle you must maintain a proper speed and distance so as to avoid hitting them if they stop suddenly - but that does not apply to vehicles which enter your lane and create a hazard. There's better legal language to describe who is at fault, but if you read the manual you will see why you were ticketed.

You should always consult an attorney before going to court on a violation involving an accident.

2007-10-18 19:00:17 · answer #6 · answered by GENE 5 · 0 1

they are wanting Dr information to verify if there's a preexisting condition. in case your son had soreness before they received't pay. do no longer signal something yet. you opt for to confer consisting of your coverage organization. once you've "finished coverage" coverage they'll do plenty for you and your case. in case your son at the moment has neck soreness (as you obviously state) you do opt for to get it looked at. it would want to be a number of weeks or months before he has no soreness or perhaps then issues received't be top. A chiropractor will do some alterations and he will sense a lot more suitable ideal and for plenty below a medical Dr. (Med DR's provide you with a gaggle of muscle relaxers and soreness pills which will in basic terms conceal the muscle soreness he feels.)

2016-10-21 09:53:46 · answer #7 · answered by azucena 4 · 0 0

Technically the person that hits another person in the rear is at fault for not following at a safe distance at least in every state that I know of but as always ask a professional.

2007-10-18 20:41:39 · answer #8 · answered by doodlebug 2 · 0 1

This will legally be your fault, following too close, too fst for conditions. It sucks but generally this issue is not arguable, check wwith a good attorney if you want to be sure but the expense may not be worth the effort.

2007-10-18 19:02:17 · answer #9 · answered by helix321 2 · 1 0

Because you were swerving to avouid a crash, and because they hit your rear I would call up a drivers ed place and ask what they think, or if they can look it up. Sounds plausible, but laws change from state to state.

2007-10-18 18:56:49 · answer #10 · answered by anamaradancer 3 · 0 2

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