I was driving down the highway and struck a vehicle which was standing still but had no lights on. I tried to swerve around the vehicle but it was too late. The accident occurred about 1:22am. I’m wondering how fault would be assigned in a case like this?
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Answer
Dear Jorge,
We presume immediately after the collision you stopped to see if anyone was in the vehicle you collided with. Although stopped it may have had some occupants. From the facts you present it is difficult to know whether the police were called to the scene by you or another party.
We can tell you if you were driving within or close to the posted speed limit and the other vehicle’s lights were off when the collision occurred your liability would be minimal.
We again presume there were no contributing factors like your ingestion of alcohol or drugs, whether prescribed or not in your system at that time or immediately before the collision.
Learn more here: California Car Accident Guide
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I was turning left in a mall parking lot and the oncoming vehicle didn’t have their headlights on and hit the right side of my vehicle. Why would I be primarily at fault for this if I couldn’t see oncoming vehicle until it was too late?