Question:

Hit after swerving to miss another car who's fault

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A car turned unexpectedly in front of me. I slamed on my brakes and slid into the other lane. Almost into the other lane i was hit in the right rear by another car. I feel like i am at fault but i was hit from behind so i dont know

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  1. There is really more information that we need to tell you.

    When the car turned in front of you - how much space was there between your vehicle and his. Where was he positioned when you swerved? How fast were you going? Do the other drivers confirm the other car pulling out causing you to swerve?

    If the other drivers confirm that the other car pulled out for you and that you had to swerve to avoid him, then the other car would be at fault for the accident. The question is -- was your swerving a reasonable action or an over reaction? Would swerving to the right (instead of to the left into the other lane) have been an option? How was your vehicle positioned when it was struck by the other car? What does the police report say? Who did the police put at fault?

    Way too much that needs to be known for anyone here to give you a hard and fast answer on fault. Your best bet is to tell the adjuster what happened and cooperate fully in the investigation.  


  2. There is no such thing as unexpected while driving. You have to expect everything. Driving is a serious thing. If you can't hold your lane then it is your fault. As strange as it sounds if you had to choose to hit who pulled out in front of you or swerve and hit someone then you should have hit the person that pulled out in front of you. Avoiding everything would have been the best but you can't go and swerve and hit people.

    I have seen many people swerve into other lanes to avoid such things as a cardboard box. Sure it sucks to hit but you can't go around swerving into other lanes causing accidents. Avoiding one thing and hitting another helps no one.

    Do things like this happen every time we drive, no. Many get used to taking driving for granted....doesn't make it ok though.


  3. you are at fault.  failure to control vehicle

  4. You are definitely at fault. Firstly, although the car in front of you turned unexpectedly, you should have left sufficient stopping distance between youself and that vehicle. Having to take evasive action shows that you did not do so.

    As you skidded in to the other lane, you were not in control of your vehicle. Even if you had been in control and had just pulled in to the other lane, you would still have been at fault as when changing lanes, the onus is on you to make sure it is clear.

    The insurer will find you solely to blame.

  5. Lol! Today a car in front of me swerved to avoid a turning car and I rear-ended it!!

  6. If you hadn't completed your lane change *or* if you weren't in control (e.g. the vehicle's wheels were sliding not rolling) then sorry, your fault.  Glad you weren't hurt.

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