what to know if I am totally at fault

by jerbare » Mon Apr 27, 2009 03:27 pm

i was leaing a parking lot stopped looked both ways procided to make a left hand turn pulled out and this suv was there all I could do was come to a complete stop he hit me starting in the front of my car on drivers side and contuined to the other side the impact was so hard it deployed both air bags I feel that he was going in a exsseve rate of speed because at 35 miles a hour would not have set off the air bags..I feel that maybe he has some fault of this accident ....Not sure

Total Comments: 7

Posted: Tue Apr 28, 2009 11:31 am Post Subject: was leaing a parking lot stopped looked both ways procided t

was leaing a parking lot stopped looked both ways procided to make a left hand turn pulled out and this suv was there all I could do was come to a complete stop he hit me starting in the front of my car on drivers side and contuined to the other side the impact was so hard it deployed both air bags I feel that he was going in a exsseve rate of speed because at 35 miles a hour would not have set off the air bags..I feel that maybe he has some fault of this accident ....Not sure

Posted: Tue Apr 28, 2009 11:43 am Post Subject:

Hi, you may give a call to your insurer and see what they have to say on this issue. It seems that some portion of fault would get assigned to both of you.

Have you exchanged your insurance information? Which state are you from?

Posted: Tue Apr 28, 2009 01:24 pm Post Subject:

Perhaps... but it's what can be reasonably shown. A 35mph impact can set off front airbags... easily. Since you never saw the person it's really not possible for you to judge his speed. If he was going 40mph, 45mph, or 50mph, would that have changed anything? You still had the duty to yield the right of way. Now if he was going 100mph then perhaps you were not given the opportunity to see him but doubt this was the case and again, I don't think it can reasonably be shown.

Posted: Tue Apr 28, 2009 07:49 pm Post Subject:

Fault may be assigned to both of, however that all depends on the actual situation. Also since you were the one that was pulling out into traffic this may complicate matters and face fault more on you than the other driver. Is there any other way to prove the other driver was speeding?

Posted: Wed Apr 29, 2009 02:47 am Post Subject: Not yeilding

You do make it clearer, I do understand that I am at fault, I had just talked with a lawyer about this incident and he said that if the other guy was found speeding well he to would be at fault..but as you explained there is no way of knowing if he was speeding. Thank you so much for your response......I shold be getting the report soon, and I guess I should be expecting a ticket for not yeilding.........
Jerri

Posted: Wed Apr 29, 2009 02:51 am Post Subject: Not yeilding

Thank you for your reply I am sure it will be my fault and I guess I will be recieving a ticket for this accident. Although I have not yet. Thanks for your answer

Posted: Wed Apr 29, 2009 12:10 pm Post Subject:

I feel that he was going in a exsseve rate of speed because at 35 miles a hour would not have set off the air bags

. Sorry but bags can deploy at 5mph...it's 'where' they are hit not how hard...

I feel that maybe he has some fault of this accident ....Not sure

Doubtful, you pulled into thru traffic from a private lot, most likely you will bare the majority (probably all) of the liability.

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