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At fault accident question
Posted on 11/1/18 at 9:58 am
Posted on 11/1/18 at 9:58 am
I know that in Louisiana if you rear end someone you are at fault, but I had a near miss this morning that raised a question.
I was on my way to work driving the speed limit (45) and there was no one in front of me. Some idiot was at the edge of his driveway waiting to pull out onto the road. I was the only other car on that stretch of road so I didn't think he'd be dumb enough to not wait for me to pass. He peels out and shoots out onto the road about 2 seconds before I pass his driveway. I went into the left lane and almost went into the ditch to avoid his stupid arse.
If I had rear ended him I'm pretty sure he would would have been at fault and not me, but I'm not 100% on that. Who would have been at fault?
I was on my way to work driving the speed limit (45) and there was no one in front of me. Some idiot was at the edge of his driveway waiting to pull out onto the road. I was the only other car on that stretch of road so I didn't think he'd be dumb enough to not wait for me to pass. He peels out and shoots out onto the road about 2 seconds before I pass his driveway. I went into the left lane and almost went into the ditch to avoid his stupid arse.
If I had rear ended him I'm pretty sure he would would have been at fault and not me, but I'm not 100% on that. Who would have been at fault?
This post was edited on 11/1/18 at 9:59 am
23
Posted on 11/1/18 at 9:59 am to Wolf
Him. Failure to yield.
Posted on 11/1/18 at 10:00 am to Wolf
I'm pretty sure fault can be split in Louisiana but don't quote me on that.
Posted on 11/1/18 at 10:00 am to Wolf
pulling into traffic almost always is, essentially, the equivalent of a stop sign
he'd be at fault b/c you had the clear right of way
he'd be at fault b/c you had the clear right of way
Posted on 11/1/18 at 10:01 am to Wolf
quote:
rear ended
Your fault.
T-bone would be his fault.
Posted on 11/1/18 at 10:01 am to Wolf
quote:
If I had rear ended him I'm pretty sure he would would have been at fault and not me, but I'm not 100% on that. Who would have been at fault?
Would likely depend on where exactly you hit him. If you directly rear ended him, they will likely say that you are at fault because you had time to stop. If you hit him anywhere on the side of the car or even the side of the bumper, he will likely be at fault for failing to yield.
Posted on 11/1/18 at 10:02 am to Wolf
quote:
know that in Louisiana if you rear end someone you are at fault
Not always the case.
Posted on 11/1/18 at 10:03 am to Clyde Tipton
quote:
Your fault.
T-bone would be his fault.
This has always been my understanding.
Direct shot to the rear? You're fricked.
Slide over and nip that back side bumper, you have a chance.
This post was edited on 11/1/18 at 10:04 am
Posted on 11/1/18 at 10:03 am to Wolf
In that situation in ALL jurisdictions YOU would have had the right of way so the accident would have been HIS fault.
Totally different scenario than if you rear ended him a you were both going down the road. This situation would be no different than if you came to a 4 way with a light, and you had the green so you kept going and he blew the red and you ended up hitting him , yes okay because of the nature of physics and his car being in the space first, you DID hit him rather than the other way around, but you had the legal right of way, he didn't. So that's immaterial. He's at fault.
Totally different scenario than if you rear ended him a you were both going down the road. This situation would be no different than if you came to a 4 way with a light, and you had the green so you kept going and he blew the red and you ended up hitting him , yes okay because of the nature of physics and his car being in the space first, you DID hit him rather than the other way around, but you had the legal right of way, he didn't. So that's immaterial. He's at fault.
Posted on 11/1/18 at 10:06 am to Wolf
quote:
I went into the left lane and almost went into the ditch to avoid his stupid arse.
hit him next time.
Posted on 11/1/18 at 10:06 am to Wolf
You are in control of that lane, if someone pulls out and impedes your control then they are at fault. Also if you would have swerved and hit something due to that person pulling out then it is also their fault. If they leave them it is a hit and run.
Posted on 11/1/18 at 10:07 am to Clyde Tipton
quote:
Your fault.
T-bone would be his fault.
False, if you fail to yield the right of way when required to do so, you are at fault for an accident, regardless of where the other person may have hit your car.
I mean does that make sense, if you fail to yield but get pulled out in time for the guy to rear end you he's at fault? Of course not.
Now obviously if the guy pulled out drove 200 feet down the road and THEN you rear ended him that's then not a failure to yield situation and you would be at fault rather than him , but that's not the situation the OP asked about.
This is why accident investigators exist.
Posted on 11/1/18 at 10:07 am to DuckManiak
quote:
Him. Failure to yield.
Posted on 11/1/18 at 10:07 am to HeyHeyHogsAllTheWay
quote:
This is why accident investigators exist.
and you better make sure you truly weren't speeding cause that will be a factor.
Posted on 11/1/18 at 10:10 am to Wolf
Depends on which one of you gets Gordon.
Posted on 11/1/18 at 10:10 am to Wolf
well it appears as if half the thread is right and half is wrong
we need a LEO to come drop the hammer
we need a LEO to come drop the hammer
Posted on 11/1/18 at 10:11 am to burgeman
quote:
Also if you would have swerved and hit something due to that person pulling out then it is also their fault.
don't think that is true at all.
quote:
If they leave them it is a hit and run.
they didn't hit anything.
Posted on 11/1/18 at 10:15 am to redneck
quote:
we need a LEO to come drop the hammer
Lol like they know.
Posted on 11/1/18 at 10:17 am to Mingo Was His NameO
quote:
I'm pretty sure fault can be split in Louisiana but don't quote me on that.
quote:
In Louisiana, if an insurance company determines that a party is 51% or more at fault, then that party is considered to have caused the accident. This implies that the at-fault party is ultimately responsible for payment of the resulting damages and injuries from his or her actions. This is called comparative fault, which means each party may be responsible for a percentage of the fault, up to 100%.
Looks like I was right so I'm guessing that the other driver would be mostly at fault, but not 100%.
Posted on 11/1/18 at 10:21 am to Wolf
You have to make sure your lane is clear before pulling out. His or probably her fault. Had a friend pull out to the outside lane of a 4 lane hwy that was clear with cars on the inside lane. Well when she pulled into the outside lane the closest car on the inside lane switched to the outside lane as she was pulling out hitting her. She was at fault for pulling out in front of her, even with the car using no blinker to change lanes.
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