Accident - who's at fault?

Question

I've just had an accident and I need some advice.

I was going down the road off the seafront and I could see a car edging out of a left hand road ahead to turn right. He committed to going out but saw me and froze. I slammed on my breaks and tried to swurve but I hit his right handside - the edge of his car.

There are two witnesses who approached the car driver after the incident. They both said it was my fault because I was going too fast. But then one said, he did pull out slow.

I got his plate and his contact details and he took mine.

Damage to motorbike - both my airducts are broken. Scratched up fairing. The front end fairing seems quite loose. He appeared to have a big dent where I landed.

I have phoned my insurance company and gave them the details.

I would imagine it is his fault as he has pulled out when it was not safe to go despite my speed. What do you think?

Answer 1

Proving you were speeding is difficult but can be done.

If the other company can prove you were speeding, which can be done by measuring skidmarks or through accident reconstruction, then you may have trouble. Most states have laws that say if you are speeding you forfeit your right-of-way. You need to check that out.

Good Luck

Answer 2

First off, thank God you are not hurt!

If he turned in front of you (which is how I am reading this) he is at fault.  80-90% of motorcycle accidents occur this way - oncoming vehicle turning in front of the bike.  ("But Officer... I didn't see him till the last minute... he was flying... he came out of nowhere...etc...etc" - heard everyone of them before)

How do the witnesses know how fast you were going? Did they time you with an approved speed timing device?  Any officer worth his weight will take witness "speed estimates" as misperception based on point of observation.

You should be fine.

Answer 3

Whether you went too fast is matter of opinion.

The fact that the other driver turn into your lane is NOT matter of opinion.

you are NOT at fault.

Good Luck...

P.S.  If you were asked what is the speed limit and how fast were you going, can you answer those questions?

Answer 4

Someone saying you are going too fast makes no difference.

He pulled out on you and even though you tried to avoid him, you couldnt and you hit him.

He is at fault. He pulled out and stopped. You had nowhere to go and hit him.

I was involved in a crash many years ago where someone said I was going too fast and the police said it wouldnt matter if I was going 60 or 600, the other person pulled out and it is their fault.

Also, there are always witness who say one or the other is going too fast. Last time I checked, only police have radar guns and all witnesses can do is to make a educated (or sometimes prejudice) guess as to the speed of the vehicles involved.

Answer 5

I think it sounds as if it was (mostly) his fault but You should have called the police.  Police and Insurance company's are the only ones who can determine fault.   Too much emphasis is placed on "who is at fault ? "    So now, simply let your insurance company handle everything.  If you don't like their determination, you can seek legal advice

Answer 6

Answer from a General Insurance Agent

Unfortunately, If the other vehicle was making a legal or a protected turn, you are at fault (liable). Not because you may or may not have been speeding but because you were the one who hit the other vehicle. It is not permissible to hit someone just because they are going too slow. depending on statements and details, an adjuster may find joint liability meaning that you were both partially at fault.

We are supposed to be in control of our vehicles at all times and the rules of the road require that we be aware of other vehicles around and especially those ahead of us.

We are required to allow enough space between us and any vehicle in front of us (usually one car length for each 10 miles an hour) for exactly this reason. Even if he were already in the driving lane and came to a complete sudden stop, you would most likely still be found at fault or "liable" by the claims adjuster due to following too closely, unless, you could prove that the other driver somehow intentionally engineered the accident.

Any witness statement that "he was pulling out to slowly and that's why you hit him", will just verify for the adjusters your liability for the damages.

Accident and investigation reports are commonly used by Licensed Claims Adjusters to assist in obtaining the facts for determining liability in an accident and often, but not automatically concur with the conclusion of fault entered into the report.

If you read your Auto Insurance policy, you will note the language of the Liability portion of the policy does not say the insurance company will pay for accidents that are your fault. An auto policy specifically states that the company will pay for amounts of a loss for which you are found "Liable".

In the insurance industry when the term “at fault” is used, they really mean to say “liable” if someone stops suddenly in front of my car and I hit them, obviously in layman’s reasoning it was their fault because they stopped like that. But I would still be liable for the damages because I failed to control my vehicle and I hit them. Had I allowed more space between my vehicle and the one in front of me then I would have been able to stop in time. This is why the trailing driver is almost always found at fault, (meaning “liable”) for a rear-end accident.

We can often be found liable for things that are not our fault just as we often are not liable for things that are our fault.

Don't fret though.. I know it may not sound fair. It was just an accident. Things happen and on the good side you still have your health.

Take care and best wishes

Answer 7

Depends on what state you are in. honestly..

Speeding makes it your fault as he is unable to judge distances at speeds that are above average or above the limit..

He did pull out in front of you though.

in my state it's no fault though, people don't get that kind of stuff.