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cars cars cars?
ok so i was driving 55 mph and this car pulled out in front of me and i rear ended her because i couldnt stop in time and i slid on the ice for like 20 feet
would that be her fault because I had the right away and she pulled out too soon, or mine because i rear ended her?
thanks!!
p.s. the speed limit was 55
53 Answers
- Anonymous1 decade agoFavorite Answer
did she have her lights on. if she pulled infront of you and didnt have her lights she is at fault. but if she did you are at fault.
- endpovLv 71 decade ago
As far as I know, whoever "hits" has the liability or is "at fault". In other words, insurance companies and law enforcements viewpoint is, "If you are following all the rules of the road and safety, there is never any reason to hit anything."
Now, if there was ice on the road, that might atleast make things lean more in your favor, but I think you have to have a photo taken that day of the stretch of road you slid on. That's why they say you should always have atleast a disposable camera in your car to take a photo of an accident and accident scene on the day of the accident, along with a cell phone, your insurance information, driver's license and registration. Hopefully you have car insurance that will pay even if it is your fault, or if not, a lot of friends and family that will help you in this time of crisis.
There's a lot of other factors to take into account: was either of the drivers driving while impaired, or in a rush, did either leave the scene of the accident before law enforecement arrived, what kind of vehicles were involved, did both have car insurance-dl license-registration-etc...
So hopefully, maybe there's other factors that are in your favor here. In either case, it's a wake-up call to always drive safely and defensively and keep as much space between you and other moving vehicles or objects as possible, have a seat belt on, and don't have any distractions like listening to the radio, eating, drinking, talking on a cell phone, etc...
I know all this because I've been driving for years now, and have only been in a few accidents. In every accident except one, someone hit me and for some reason none of them even had a driver's license!!!! In the accident where I hit someone, I rear ended someone, just like you did. So since I "hit", it was my fault, even though the car in front of me stopped short and really fast, not giving me any time to stop. The only thing that saved me was that the car I hit left the scene of the accident, and, from what I understand, it was some kind of insurance scam on the part of the other driver.
- Knuckles™Lv 71 decade ago
Unless it falls under a "no fault" situtiation (per your state laws) and providing you can prove she pulled out in front of you then it will be considered her fault. Without a witness the officer writing the report will have to base it off of the facts at hand. If her car was hit square in the rear and the car is more than 100 feet from the road she turned from then it will most likely be considered your fault.
- 1 decade ago
Always your fault if you rear ended her. It will always be the person in the rear who gets fuct over. The judge will say that the conditions were bad, you were driving too fast and you should have been more alert. Settle out of court. Sorry man.
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- bodyguardLv 51 decade ago
Nobody knows s@@@ about extreme driving.
In extreme driving (SNOW) the usual facts are different.
You can win if:
1) she did not have wheel chains
2) she did not make you room to PASS
3) if...if you had an emergency call
4) if she insulted you verbally
5) if she STOPED the car instantly
6) if she did not have big-lights on
7) if she did have small-lights on
8) if the brake lights were off or covered
with snow
9) if she drove dangerously like zig-zag
10) if she drove on the safety lain
wish i help you
- Anonymous1 decade ago
I would say, usually the policeman, not having seen it, will issue you a citation, because you ran into the back of the other vehicle. If you have a witness it may help. The fact that there were unsafe road conditions works against both, but mainly you, if you were driving at the speed limit or close(too fast for conditions). Sorry for your unfortunate collision.
- TruthSquadLv 61 decade ago
Unless there are witnesses who can corroborate that she pulled out in front of you, you are usually considered automatically at fault when you hit someone from behind. The police & courts call it "following too closely, or driving too fast for conditions." Sorry this happened to you.
- Anonymous1 decade ago
It means you need to move to Maui.
Really, it is your fault (unfortunately and technically), however it could be theirs, however the burden of proof falls on you to prove what really happened. Unfortunately, just about the only way to "prove" it is that you had a video of the accident...or get the other person to confess that it was their fault...or have a witness to testify on your behalf.
In situations like this, the car "ahead" of you has the right of way....even if they pull out in front of you.....(kinda like the downhill skier has the right of way) but as you said...all you could do is hit the brake and slide into them... Wish I had better news for you....
- Anthony OLv 51 decade ago
Your fault because you are supposed to be in control of your car at all times no matter what and irrespective of the circumstances and while doing that, keep a comfortable and safe distance between you and the car in front of you.
- Scarlett12Lv 51 decade ago
I think it depends on the state. In Washington, whoever hits the car in the rear is at fault, even if the driver, like in your case, is an idiot. Hopefully, your state is smarter than that!
- 1 decade ago
It depends. Most of the times, the person who gets rear ended will be considered the victim.