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Lv 5
? asked in Politics & GovernmentLaw & Ethics · 9 years ago

Who's fault would this be?

I saw this obstruction today and I wondered who would be at fault if there was an accident. There was a guy mowing someone's lawn but his truck was on completely on the road to where you had to get on the other side of the road just to pass him. Well, the genius decided to park right ahead of a bend in the road and you can't see if anyone is coming so you just have to go and hope for the best.

If I had to go on the other side of the road and got into a head on collision, would it be my fault or would it be the lawnmower's fault?

Update:

Ok, then how should I go about getting to the other side?

2 Answers

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  • 9 years ago
    Favorite Answer

    It would primarily be your fault for moving into the oncoming lane. You would be 100% responsible to the driver of the vehicle you collided with because it was your decision to move into the oncoming lane when you were unable to verify it was safe to do so.

    You might be able to recover some of your damages from the landscaper by arguing his was contributorily negligent in blocking the road . . . but this isn't a case I would take because I don't think the argument would be successful.

  • Randy
    Lv 7
    9 years ago

    You are the one driving the vehicle and regardless of how the guy parked it would still be YOUR responsibility to drive in a safe manner. That is not to say he couldn't be ticketed for the way he parked but as far as the accident is concerned it is your obligation to drive safely.

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