QuestionI was parallel parked on a street with oncoming traffic. I looked through my rear mirror and did not see any vehicle in the lane , I put my turning signal and pulled out of the parking apace. the other vehicle made a sudden turn in front of my car. who is responsible for this accident ?
AnswerMs. Torres,
It's hard to give you a definitive answer to your question because there's some information missing. First of all, each state has their own rules of the road (typically called the Vehicle and Traffic laws or something similar) so the state in which the accident occurred is important.
However, generally speaking, if you are pulling out of a parking spot it is your duty to make sure that the lane you are pulling into is clear and that you can safely enter the stream of traffic.
However, there are instances where the oncoming driver approaching from behind you might be found to be at fault. If you could prove that they were speeding, inattentive, on the phone, impaired by drugs or alcohol, etc. you might be able to hold the other party at least partially responsible for the accident.
It sounds like the other driver might have changed lanes and come into your lane right before impact. If I were handling this matter and that were the situation I would probably try to establish that you were already in the lane of travel and that they simply cut you off.
Of course, witnesses would be very helpful but you could also help substantiate your claim that you were cut-off by using the points of impact on the two cars. For example, if your car is damaged in the driver side rear quarter panel (back left) and the other car is damaged in the passenger side front quarter panel (front right) you could show that you were in front of the other car and had control of the lane. This could help to establish that you were not responsible for the accident.
I hope this was helpful and best of luck.
