Visitor Question

Car backed out of driveway without looking and caused me to wreck…

Submitted By: Josh (Georgia)

I was riding my motorcycle down the road coming down a hill. As I approached the bottom, a car came flying backwards out of a driveway. At this point I began to hit my brakes and swerve into the other lane in an attempt to avoid him. He continued to back out, blocking the entire roadway.

At that point, I had the option of hitting him or swerving further off the roadway to avoid him. I choose to swerve harder in an attempt to avoid a collision, at which time I wrecked. We never made contact, however he failed to yield as I was already in the roadway approaching him.

This to me clearly states that he was being a negligent driver and I had the right-of-way. His actions directly caused me to wreck. Am I correct in assuming that he is at fault? The police came and made a report, however did not cite anyone. The other driver also was uninsured. The officer also failed to give him a citation for no insurance.

What can I do about this? Thank you.

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 Josh,

Under Georgia law O.C.G.A. Section 40-6-73:

“The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.”

In your case, the driver was in clear violation of Section 40-6-73. The driver was clearly entering the roadway from a driveway. The driver did not yield the right of way as the law clearly provides, and is therefore liable.

Unfortunately, the driver was uninsured. As a result, you have every right to pursue the driver personally. Hopefully, the driver has assets which can compensate for your losses. To obtain compensation you’ll likely have to file a lawsuit in small claims court. You can also turn to your own insurance company if you have UIM coverage.

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: January 16, 2015

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