Visitor Question

Who is at fault in this car accident?

Submitted By: Dylan (Clarkson, Kentucky)

I came over a hill driving and another vehicle was on my side of the road coming at me. I swerved onto the opposite side of the road and into a ditch.

The other driver corrected their vehicle back over and hit my truck in the front end. I was on the opposite side of the road when he actually hit my car.

Who would be at fault in this scenario?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Dylan,

Quite obviously the other driver is liable. He was in the wrong lane coming straight at you.

The collision sounds serious enough to have the police dispatched to the scene. If they were, they should have issued a citation to the other driver for driving in the wrong lane. That citation can strongly support your claim for injuries, if any, and the property damage to your truck.

Contact the other driver’s insurance company as soon as possible. They will require a recorded statement. Don’t hesitate to give it. It’s all part of the process of reimbursement for property damage and personal injuries, if any.

Although you didn’t mention if you suffered any personal injuries, if you did they should be examined by your family doctor as soon as possible. You want to be sure before you engage in any settlement negotiations for your property damage that your personal injuries will be considered as well.

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) 647-2490.

Best of luck,

Published: September 12, 2011

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