I was turning to go into a gas station from the center lane of the opposite side of the road. My left turn signal was on and the other cars were not too close behind me.
My back tail was was sticking halfway out into the third lane when a car hit my truck from the back tire to my tail light. She was coming pretty fast and she did not try to stop.
Am I at fault in this accident or the driver who hit me? Thanks.
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Answer
Dear Anonymous,
There normally isn’t a “black and white”, “yes or no” answer to personal injury liability questions.
Almost every case requires a subjective analysis, sometimes by the parties, more often by the insurance companies’ claims adjusters, and sometimes by the courts.
There are some personal injury cases where liability is relatively clear. A good example would be a driver who runs into a another car in front of him.
But, as you can see by the facts in your case, even that type of liability is not always crystal clear.
If you both had property and liability insurance and exchanged information, the question of liability should be determined by the respective insurance adjusters.
You will in all probability receive a telephone call from your adjuster, and possibly the other driver’s adjuster. Each will want to take your recorded statement. That’s normal. The same will happen with the other driver.
If by chance the police were summoned and a ticket was issued against either you or the other driver, the issuance of the ticket will be a disadvantage for the driver who received it.
In your case if you were not entirely in your turning lane, and your vehicle was extended into the other lane where the other driver was driving, the odds are you will be held liable. You can’t be in two lanes at one time. You may be held accountable because you were impeding traffic and presented an obstruction.
Learn more here: Side-Impact Collision Settlements
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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