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Car accident at fault question
Posted on 7/23/15 at 2:52 am
Posted on 7/23/15 at 2:52 am
This almost happened to me about a month ago and it got me thinking...
I'm driving in the left lane of a 4 lane (2 in each direction), and a Mexican tries to switch lanes to pass a stopped bus, while I was in his blind spot. I honked and swerved slightly. My tires were rumbling on the reflectors of the center line when a car passed going the opposite direction. If I had gone completely over the line and hit the car head on, would I have been at fault? Seems like I would, but the car changing lanes forced me over. Is it better to just stay straight and let the car switching lanes hit you?
I'm driving in the left lane of a 4 lane (2 in each direction), and a Mexican tries to switch lanes to pass a stopped bus, while I was in his blind spot. I honked and swerved slightly. My tires were rumbling on the reflectors of the center line when a car passed going the opposite direction. If I had gone completely over the line and hit the car head on, would I have been at fault? Seems like I would, but the car changing lanes forced me over. Is it better to just stay straight and let the car switching lanes hit you?
8
Posted on 7/23/15 at 2:55 am to StickyFingaz
You would have been at fault
Posted on 7/23/15 at 3:00 am to 7thWardTiger
That's what I figured, but it's human nature to swerve to avoid the minor collision. It would make it much worse with a head on crash, but it all happened so fast. I guess I need to program myself to not do that again. Even if it means getting hit by an uninsured driver.
Posted on 7/23/15 at 3:09 am to StickyFingaz
Why was it either swerve into oncoming traffic or get hit by him?
Was braking to pull yourself back not an option? He must have been already ahead for you do be in a blind spot.
Was braking to pull yourself back not an option? He must have been already ahead for you do be in a blind spot.
Posted on 7/23/15 at 3:19 am to StickyFingaz
The Mexican guys car is referred to as a phantom vehicle, and may contribute to how fault is apportioned.
If there are witnesses that back up your story, your uninsured motorists coverage (and possibly theirs) will help cover the accident.
If there are witnesses that back up your story, your uninsured motorists coverage (and possibly theirs) will help cover the accident.
Posted on 7/23/15 at 3:30 am to StickyFingaz
What do you have against mexicans?
Woman driver?
Woman driver?
Posted on 7/23/15 at 3:31 am to Volvagia
The front of my car was about at the hinges of his back driver side door
Posted on 7/23/15 at 3:32 am to pioneerbasketball
No... It was a dude
Posted on 7/23/15 at 4:33 am to StickyFingaz
If the guy hit you and caused you to swerve into oncoming traffic, then it would have been his fault. But, if he didn't and you hit another car head on then its all on you. Crazy, I know.
Your 250$ deductible from and uninsured driver hitting you would still be way easier on the wallet then you hitting someone head on and your insurance paying for medical bills, car damage for both vehicles and also the chance of you being sued in this sue happy world.
quote:
Even if it means getting hit by an uninsured driver.
Your 250$ deductible from and uninsured driver hitting you would still be way easier on the wallet then you hitting someone head on and your insurance paying for medical bills, car damage for both vehicles and also the chance of you being sued in this sue happy world.
Posted on 7/23/15 at 5:21 am to StickyFingaz
Program yourself to "get paint."
Posted on 7/23/15 at 5:28 am to TennesseeSaturday
How do you know he was Mexican? Did he have an enlarged copy of his passport in the back window?
Livin' la vida loca
quote:
If the guy hit you and caused you to swerve into oncoming traffic, then it would have been his fault. But, if he didn't and you hit another car head on then its all on you. Crazy, I know
Livin' la vida loca
Posted on 7/23/15 at 5:58 am to StickyFingaz
With no witnesses, likely your fault. If the party you hit head on can corroborate your story, then the phantom vehicle has some negligence, but good luck with that in our society.
With a solid witness, you wouldn't be at fault or at least the majority of fault would be on the phantom vehicle.
With a solid witness, you wouldn't be at fault or at least the majority of fault would be on the phantom vehicle.
Posted on 7/23/15 at 6:22 am to StickyFingaz
Not your fault, it would be written as a 3 vehicle hit and run with the vehicle swerving into your lane as the cause of the accident thus being vehicle 1. You would be vehicle 2 and the incoming car being vehicle 3. The reason for the accident would be moving to avoid other vehicle.
Posted on 7/23/15 at 6:48 am to StickyFingaz
Here's the option everyone forgets about: tap the brakes and let him merge over when someone is on the shoulder of the highway broken down. I know, ridiculous idea.
Posted on 7/23/15 at 6:58 am to burgeman
Burgeman is correct in Louisiana.
This post was edited on 7/23/15 at 7:00 am
Posted on 7/23/15 at 7:31 am to FT
quote:
The Mexican guys car is referred to as a phantom vehicle
Because he, his car and his insurance don't technically exist in America.
Posted on 7/23/15 at 7:35 am to 7thWardTiger
quote:
You would have been at fault
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