# rear end accident, whos at fault?



## stonechitlin (12 Oct 2006)

It's discouraging to see that it's almost impossible to be found innocent if you rear end someone, so heres my story...

I was traveling Eastbound on a fairly busy roadway, speedlimit is 35MPH, I was doing 40MPH, their are 2 lanes for the eastbound, and 2 for the west,  I was traveling straight on the right lane;another vehicle was stopped on the westbound side at a road, and accelerated hard to take a left onto eastbound traffic (left lane) went into my lane, slammed their brakes, so that they could make a right turn. As soon as the vehicle cut infront of me I slammed my brakes, but because the other vehicle had not gotten up to travel speed to begin with, and then slammed their brakes after cutting infront of me and not yielding to the right of way, I could not stop in time.  My front passsenger corner hit his rear side. I'm starting the appeal process now because both his and my own insurance have found me at fault, and unfortutnaty the only person in the town that can copy the police reports has been on vacation and for some reason they take up to 10 days, so I dont have there opinon yet.

I photoshoped a rough diagram, I will be happy to answer any questions.
[broken link removed]


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## ClubMan (12 Oct 2006)

stonechitlin said:


> speedlimit is 35MPH, I was doing 40MPH


Er, case closed?


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## stonechitlin (12 Oct 2006)

well then wouldnt it be 50-50, because of the others reckless driving? also 5 miles over the speedlimit is not exactly flying down the road, I was maintaning a steedy speed and had teh right of way


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## Eeek!!!! (12 Oct 2006)

Are you in the US, stonechitlin? If so, this is an Irish website, so the advice you receive may not apply to your legal system anyway.


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## ACA (12 Oct 2006)

All this talk of interstates on the drawing and driving on the right, suggests that you're not in Ireland. This is an Irish based forum and although some posters *may* be able to give you information, it may not *all *be relevant to whatever country you're in.

FYI - I work in insurance claims here and from your drawing alone - third party would have been in the wrong, as he crossed your road to get to his destination. Providing he wasn't hit fully from behind - which would suggest that his manoevre was complete. In Ireland, the driver on the major road nearly always has right of way.


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## X-Man (12 Oct 2006)

you hit a car from behind then YOU are at fault.period!


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## Seagull (12 Oct 2006)

Hiiting a car from behind does not automatically mean you are at fault. If some idiot changes lanes immediately in front of you, leaving you no braking room, they should be held at fault.


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## Molly (12 Oct 2006)

> you hit a car from behind then YOU are at fault.period!


 
not so, if some cuts into your lane and you then hit them then you are not at fault. Although you will need witnesses to prove the other vehicle cut in front of you.


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## stonechitlin (12 Oct 2006)

ah yes sorry, I googled and found this site, but yes I am in the US, and thank you for your opinions.


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