QuestionI hit a car, side swiped her,. She pulled out making a left hand turn and pulled out in front of me. I tried to miss her but it happened all so quickly I slammed on my brakes and ended up hitting her on her driverside back door and my driver side fron corner panel. Who is at fault. I think she is due to her pulling out in front of me and I had the right away.
AnswerHi Kristie and welcome to AllExperts!
They're are several issues at play in this accident:
1) Right-Of-Way
2) Driving with Due Regard for the safety of others
3) Proper evasive tactics
The 'Right Of Way' is based on State Statue Law, meaning the laws that are either posted or required for you to know. Usually, this is the primary consideration regarding who was at fault.
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'Due Regard' means that regardless of posted laws or required rules of operation concerning your vehicle, you will operate within the limits of safety for everyone else. For example, while the speed limit may be posted at 40mph, due to heavy rain, fog, ice or snow conditions, your maximum safe speed should perhaps not exceed 20mph in order to maintain proper control, being able to safely stop in time, or having enough time to perceive a problem and properly react to that same problem.
Also, it means that a driver will operate the vehicle without distractions such as cell phones, reading material, eating, nodding off, use of any OTC or prescribed drugs that could alter ones senses or slow down response time, illicit drug or alcohol use, or anything that would prevent a driver from being totally aware of all the vehicles around them and roadway conditions present.
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'Proper Evasive Tactics' refers to what an average experienced driver would do under the same circumstances. If there was an opportunity to evade the problem and no correction was made, fault could be weighted differently.
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CONCLUSIONS:
Based on your brief summary to me, It would appear that you were not at fault and the other driver was primarily at fault. Everything will depend on the police report and possibly the insurance investigators report if required.
Only you and the officer taking the original report will know the facts of the case, and its entirely possible this could go to a civil process if their were any injuries involved.
I hope this has helped Kristie. Please write back should you have any further comments or questions.
Have a great day!
Terry
