Ask Experts Questions for FREE Help !
Ask
    dje27's Avatar
    dje27 Posts: 3, Reputation: 1
    New Member
     
    #1

    May 1, 2010, 06:45 AM
    Side swipe accident whose at fault
    Two vehicles on a two lane road, clip mirrors, each claim they tried to avoid the incident.
    One vehicle ends up with a cracked side mirror, the other has no damage. How is fault determined? Both vehicles are work vehicles from same company and safe driving is awarded yearly. Do you punish both or conclude you can not determine fault at 100% and give both a pass?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    May 1, 2010, 06:55 AM

    I'm a liability investigator - where was the debris (what side of the dividing line)?

    What did each driver do to avoid the accident?

    Was either vehicle able to swerve to its right or did a ditch, shrubbery, something block that move?

    Speed?

    Legal mirrors?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    May 1, 2010, 06:57 AM
    Quote Originally Posted by dje27 View Post
    Do you punish both or conclude you can not determine fault at 100% and give both a pass?
    Hello d:

    If you punish BOTH, the innocent one can SUE you, and I'd encourage him to do so.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    May 1, 2010, 07:00 AM
    Quote Originally Posted by excon View Post
    Hello d:

    If you punish BOTH, the innocent one can SUE you, and I'd encourage him to do so.

    excon

    - But how do you determine the innocent one?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    May 1, 2010, 07:04 AM
    Quote Originally Posted by JudyKayTee View Post
    - But how do you determine the innocent one?
    Hi Judy:

    I don't know. That's YOUR bailiwick. But, if fault CAN'T be determined, and the company punishes the innocent one in order to make sure the guilty one gets punished, they'll get sued. And, they SHOULD get sued.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    May 1, 2010, 07:07 AM
    Quote Originally Posted by excon View Post
    Hi Judy:

    I dunno. That's YOUR bailiwick. But, if fault CAN'T be determined, and the company punishes the innocent one in order to make sure the guilty one gets punished, they'll get sued. And, they SHOULD get sued.

    excon
    Hmm - out of greenies. Agreed but if fault cannot be determined the company may have no choice but to "punish" both parties.

    And then the two parties can fight it out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    May 1, 2010, 07:11 AM

    Were both vehicles traveling in the same or opposite directions?

    As Judy points out there is no way to judge based on the info provided. The fact that one encountered no damage is not an issue.
    dje27's Avatar
    dje27 Posts: 3, Reputation: 1
    New Member
     
    #8

    May 1, 2010, 07:11 AM
    JudyKayTee,

    There was no debris, side mirror cracked on one car travelling south, the one travelling north their mirror had no damage (the mirrors were the only thing that made contact).
    Both claim they tried to avoid incident. Narrow country road, both traveling the speed limit, 35 MPH.
    Both vehicles have legal mirrors.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #9

    May 1, 2010, 07:13 AM
    Quote Originally Posted by JudyKayTee View Post
    And then the two parties can fight it out.
    Hello again, Judy:

    Or, as the company posited, they could let 'em BOTH off the hook. Often times guilty people go free so that the innocent don't get punished. But, THAT'S the American way.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    May 1, 2010, 07:34 AM
    Quote Originally Posted by dje27 View Post
    JudyKayTee,

    There was no debris, side mirror cracked on one car travelling south, the one travelling north their mirror had no damage (the mirrors were the only thing that made contact).
    Both claim they tried to avoid incident. Narrow country road, both traveling the speed limit, 35 MPH.
    Both vehicles have legal mirrors.
    In this instance, I would assign equal fault. I live in a suburban area with fairly narrow streets. Very often two cars cannot pass each other. Generally, it is sort of a chicken contest. One car decides to pull over and wait for the other to pass. If neither tried to pull over they didn't exercise good judgment and are equally at fault.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #11

    May 1, 2010, 09:56 AM

    Again - what exactly did both drivers do to avoid the accident AND could they have moved further to their right?

    I cannot give an educated opinion unless my questions are answered.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #12

    May 1, 2010, 09:57 AM
    Quote Originally Posted by excon View Post
    Hello again, Judy:

    Or, as the company posited, they could let 'em BOTH off the hook. Often times guilty people go free so that the innocent don't get punished. But, THAT'S the American way.

    excon

    Well, debtors prison was also eliminated so maybe it's not an all bad system and, quite frankly, I don't know what other system to put in the current American system's place - at least when it comes to MV accidents.
    dje27's Avatar
    dje27 Posts: 3, Reputation: 1
    New Member
     
    #13

    May 1, 2010, 10:42 AM

    Judy, I did move to the right of the road, it is sooo frustrating because I know what I did and the other person is covering their butt. But the other person says I encroached the line, but I did not, so we have a he said, she said situation and a cracked mirror. I don't see how one can make a determination of fault that is 100% accurate, so then how can they blame both when truly there is one that is not guilty.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #14

    May 1, 2010, 10:58 AM

    Was there a police report? Was the company called to the scene?

    So there is a he said/she said. In that case the company splits the cost of repairs between you. Can you think of a fairer result?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #15

    May 1, 2010, 12:07 PM

    Agree with Scott and if it's company policy that you lose a safe driving record when you have an accident - you had an accident.

    I once lost a safe driver discount because my car was hit WHEN IT WAS PARKED AND I WAS NOT IN IT. The policy said "no accidents." It did not say "no accidents that were your fault."

Not your question? Ask your question View similar questions

 

Add your answer here.


Check out some similar questions!

Locating a Die-cast metal 1980's generation "Side Swipe" Transformer [ 4 Answers ]

Does anyone know if the Transformer "Side swipe" was ever produced in Die cast Metal around 1 to 24 scale size? And if so, where to obtain one from? It can be a re-issue of the 1980's transformer but must have the following features: - Die-cast metal exterior panels - A red Lamborghini -...

I had accident last month.It was other guy's fault.no police report.he says my fault [ 13 Answers ]

I had accident last month.It was other guy's fault. He admitted it. So I didn't call the police & no police report. After filing the claim with his insurance company, he has said that it was my fault. So his insurance company denied my claim. They say that they denied the claim because there is no...

Is it possible to get no fault auto accident changed to at fault? [ 0 Answers ]

The police declared the auto accident I was in a no fault because there was no witness to claim who was at fault. Should he have done more investigating to determine fault? Can I hire someone to investigate where fault was?

Is it possible to change a at fault auto accident to no fault in NYS [ 4 Answers ]

How do you get a at fault accident changed to no fault? No guide rails on the shoulder of a 20 foot drop made from a culvert pipe - was clearly not drivers fault but is on the accident report as at fault. No markers of any danger. Is there anything that can be done?

Accident not my fault [ 1 Answers ]

Someone pulled out on me due to he was attending to a crying baby in a car seat in the passenger seat,obviously he didn't check his mirrors before pulling out on me.his car then continued to push me into a residential brick wall with damage to both cars.I then found out that my insurance wasn't...


View more questions Search