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Started By
Message
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 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 10:10 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 10:21 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.
Posted on 11/1/18 at 10:23 am to Wolf
It's all a he said she said thing anyway. Yes you're presumed to be at fault for rear end collisions but Louisiana is a comparative fault state. Which means if you can somehow prove he was the aggressor and caused the accident then you could be free from liability or at the very worst share 50/50 liability or fault with the other driver. Because technically you should have seen him coming and been prepared to stop if he didn't act accordingly.
Posted on 11/1/18 at 10:39 am to Wolf
Dude just get a dash cam. That takes all the guess work out of the equation.
Posted on 11/1/18 at 10:50 am to Wolf
As was explained to me at an accident scene, whoever is on the larger road has the right of way
Posted on 11/1/18 at 10:51 am to Wolf
If you read-ended him but you said he pulled out right in front of you, a smart lawyer would look at how far it is from the driveway he left to the point of impact and hammer that in liability negotiations.
Posted on 11/1/18 at 10:57 am to Wolf
the Person pulling out is at fault. Period.
Posted on 11/1/18 at 10:58 am to Wolf
Pulling out of private drive, you have right of way.
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