by w_williams590 » Tue Oct 19, 2010 08:04 pm
My wife was pulling out of angled driveway on a two way semi heavy traffic road. This took place the other night. As she was pulling out she noticed two cars coming down the street. They just turned the corner. She stopped completely with the tires still in the driveway but about a foot of her rear end was in the street. The first car went by then the second car was driving so close to the curb that she hit my wife. The cop says it was my wife's fault because she didn't yield to traffic. If my wife came to a complete stop and over 98% of the car is still in the driveway how is her fault? If you know the NJ law who is at fault here?
Posted: Tue Oct 19, 2010 08:49 pm Post Subject:
That is such a sticky situation and so unfortunate. Chances are it's probably going to be your wife's fault according to insurance agencies because that car could drive anywhere on the road as long as its not on the sidewalk whereas your wife's vehicle was partially on the road.
Posted: Tue Oct 19, 2010 08:56 pm Post Subject:
I'd say the insurance company is going to find your wife 100% at fault. In that the 1st vehicle managed to miss your wife does not mean that she had the right away or that the 2nd vehicle should not have been on the side of his lane. If it could be shown that your wife pulled into the lane and was stopped for a time before the other vehicle approached then you might be able to argue that the driver of the other vehicle should have seen your wife and moved over. The argument that the a vehicle was in front is an argument for the 2nd vehicle... he did not have the opportunity to see your wife. What is going to be said happened is that your wife backed up right as the vehicles were passing and neither had the opportunity to avoid. At best, your insurance company _might_ (and I doubt that they will) place something like 5% liability against that 2nd vehicle. But I _really_ doubt that is going to happen.
Posted: Wed Oct 20, 2010 02:52 am Post Subject:
As has been said, in this case 98% in the driveway still equals 100% at fault. 100% in the driveway would have meant 0% chance of causing a collision.
Posted: Thu Oct 21, 2010 08:10 am Post Subject:
This will be one for the claims department to figure out.
I hope everything works out for you.
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