is this accident my fault?

chevpowr · #1 Feb 28, 2007, 01:10 PM

ok i was involved in an accident last night. it was nighttime and it was snowing heavily in a town that very rarely gets snow. I
was driving up hill and i began sliding over into the oncoming lane. I became stuck about a third over the white line on the far left side of the road and about 2 3rds in the oncoming lane. 30 seconds later a truck is goin about 35 down the road, doesn't see me and brakes. He slides sideways into the right front corner of my truck.

Now its safe to say that if i was driving down the road on his side, going slow, or stuck in the snow... he still would have smashed into me. regardless of which direction i was facing

Also noone else was even close to driving as fast as he was driving in the snow on this verry slippery road

so...whos fault?

shygrneyzs · Feb 28, 2007, 01:44 PM

This might be a no fault accident, due to weather conditions. What did the police say?

Lord_Darkclaw · Feb 28, 2007, 01:46 PM

If you are stating the circumstances accurately, I'd say it's a 50/50 or 60/40 (60% your fault).
Neither you nor he should have attempted to drive in those conditions - the correct thing to have done was to either drive VERY slowly or pull over.

It was an honest accident, but you should have been more careful.

ddtfw · Feb 28, 2007, 01:48 PM

The accident is his fault because he was driving too fast for conditions. If you were stopped, stuck, then he should have stopped or been able too. In WA last person that can avoid a collision is supposed to, what if your car had been a child crossing the road? I don't think that he was on my side of the road would be a good response to the Police after he had run over the child. Do not say you were moving or the other driver will say that you crossed into his lane to late for him to avoid you.

chevpowr · Feb 28, 2007, 06:05 PM

thanks for answering my question everyone.
I think i agree with the above post in that if i was stuck going his direction... or even goin 10 mph, he still would not have been able to slow down or stop in time to avoid a collision.
I am hoping thats how the adjusters see it as well.

Or, it could be a no fault accident, and if that is the case who pays the deductibles?

Lord_Darkclaw · Feb 28, 2007, 09:00 PM

Ah - STUCK as in STATIONARY, I thought you meant stuck as in being unable to steer back into lane.

That does make it 100% the other guy's fault. There is a legal requirement that a driver moderate his or her speed to be able to stop in an emergency.

chevpowr · Mar 1, 2007, 06:27 PM

awesome i hope the adjusters think so too.



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