I was in a car accident today. I started to change lanes and saw a lady in my blind spot, so swerved back into my lane. She thought I was still coming and swerved , then lost control of the car, spun out and hit me. She said she hit me when I came into her lane. The cop basically told me I remembered it wrong and I was at fault, since she hit me when I came into her lane and her hitting me caused her to spin out.
Basically, I want to know if there is a website or someway of telling at what angle the car hit me to prove she was already spinning out of control when she hit me.
2007-12-02 09:20:24 · 5 answers · asked by ej_bronte 3 in Cars & Transportation ➔ Insurance & Registration
You need to have some story, AND the accident damage photos, and yes, it can be recreated. If you hit her first, her damage will be on the passenger side of her car. If she spun, the damage will be almost anywhere else, except there.
**and I disagree with MSAD. Unless you hit HER first, her swerving caused the accident, and I'd put the blame on her. "oops I thought someone was going to hit me so I swerved" is usually a standard of fault.**
2007-12-02 16:23:38 · answer #1 · answered by Anonymous 7 · 1⤊ 0⤋
Generally, yes, you can tell who was at fault in an accident from the damage.
The extent of damage, AND it's location are good indicators.
If the damage is located on the front of the car (grill, lights & hood) you can expect to be blamed for the accident.
On either side, from the front fenders back, and the the rear of the car, blame will be placed on the other driver.
Please! Be aware that insurance adjustors will look at the damage and make a determination. However, insurance companies have long practiced placing a percentage of blame on both drivers. One gets blamed for the accident, and the other gets blamed for putting their vehicle at risk of impact.
In the case you describe, an eye witness would be of great help. But changing lanes unsafely puts others at risk. If you know there's a blind spot in your line of vision, then you had right to move from your lane. Think of it this way: You moved unsafely from your lane. You caused an accident.
And, with three mirrors on most cars these days, there is no reason to have a blind spot. Adjust them all to get the broadest view of the rear, and lanes to the side, without overlapping the view from each mirror.
2007-12-02 09:46:05 · answer #2 · answered by Bob L 7 · 0⤊ 1⤋
Even if the accident happened the way you said it did - you may still be at fault.
Here's why.
Fault is not based on who hit who - it's based on the proximate cause. Look back through the chain of events - what event can you take out that keeps the whole thing from happening. That event is the proximate cause.
Another way to determine it is to consider the "but for" question. But for X happening - the accident would not have happened.
You started to change lanes into the other ladies lane. When you saw her you swerved back into your lane. However the other lady had already swerved to miss you. This caused her to go out of control and hit your vehicle.
If you go back through the chain of events and take out the part where you change lanes - the accident would not happen.
- since the lady would have no reason to swerve to miss you.
But for your changing lanes - the other lady would not have had reason to swerve and the accident would not have happened.
The fact she was out of control when she hit you does not matter - if your action is the proximate cause of her being out of control in the first place.
Sorry - but most (and possibly all) of the fault for this accident rests with you.
***not legal advice and based only in the information provided in the question above. **
2007-12-02 11:26:39 · answer #3 · answered by Boots 7 · 3⤊ 0⤋
I was coming into a parking lot off the main hwy and was going to park at a parking spot I had to turn to the left a little and then to the right a little to get to the parking spot that the way the parking lot is set up this turck was seting in fornt of a bussiness in a know parking zone as I mae a turn to the right going down the parking lot he pull out from the bussiness and hit me in the back door the parking lot is set up funny he said he did not if he hit me are if i hit him so who at fault
2015-11-27 13:59:42 · answer #4 · answered by Jan 1 · 0⤊ 0⤋
Gat an assessor to look at both cars. Your insurance company should do this particularly if liability is at issue.
2007-12-02 10:22:53 · answer #5 · answered by GEOFFREY S 2 · 0⤊ 1⤋