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Car accident at fault question

Posted on 7/23/15 at 2:52 am
Posted by StickyFingaz
Austin
Member since May 2013
13483 posts
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?
Posted by 7thWardTiger
Richmond, Texas
Member since Nov 2009
24670 posts
Posted on 7/23/15 at 2:55 am to
You would have been at fault
Posted by Volvagia
Fort Worth
Member since Mar 2006
51946 posts
Posted on 7/23/15 at 3:09 am to
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.
Posted by FT
REDACTED
Member since Oct 2003
26925 posts
Posted on 7/23/15 at 3:19 am to
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.
Posted by pioneerbasketball
Team Bunchie
Member since Oct 2005
132677 posts
Posted on 7/23/15 at 3:30 am to
What do you have against mexicans?

Woman driver?
Posted by Grassy1
Member since Oct 2009
6269 posts
Posted on 7/23/15 at 5:21 am to
Program yourself to "get paint."
Posted by BengalBen
Midwest
Member since May 2008
2231 posts
Posted on 7/23/15 at 5:58 am to
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.
Posted by burgeman
Member since Jun 2008
10369 posts
Posted on 7/23/15 at 6:22 am to
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 by Horsemeat
Truckin' somewhere in the US
Member since Dec 2014
13581 posts
Posted on 7/23/15 at 6:48 am to
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.
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