Who is at fault in this car accident?

Question

I was pulling out of a McDonald's parking lot onto a main street planning on going left. As i was pulling out the lights were red so I was moving between cars to turn left. At this point the lights turned green but I waited until the left lane was clear and saw that it was clear. As I was moving forward, The lane was still clear. Keep in mind that the roads are really bad with snow and the snow was still falling. Before I even got to move any further a car slid into my car.

The Damage:

The car hit on my passenger side of close to the front of the wheel, the bumper is very dented almost split from my car.

The other car is slightly dented where the wheel and the driver's door meet.

Additional Details:

I asked him if he saw me and he said yes and he also said that he was trying to stop but slid.

He blames me saying that I should have waited until there was no cars at all.

Answer 1

I presume this was a four-or-more-lane street?

You should have waited until all lanes were clear enough for you to make it across them.  If you can't see because of stopped cars in the right lane, you don't go.  You do not go until you are sure there is no traffic that can hit you.

You say the lanes were clear, but obviously they weren't or else you wouldn't have had an accident.  

And as for the weather, that increases the size of the gap you need to wait for, because you should be taking it slower

This accident was your fault.  The other driver is right.

Answer 2

His fault. He was not in control of his car and aware of the hazardous conditions. And he also admitted to it. Did you obtain a police report? If not, get a copy if available and an attorney. You were already in the lane and anyone coming will have to yield the right of way to you. The other driver was negligent and not in FULL CONTROL of his car considering the weather and road conditions. Which means he may have been speeding too. Don't say anything more until you have representation and for insurance liability too.

Answer 3

Derek O  is correct in the that you where pulling out from a private drive onto a main thorough fair; however, since all other cars yield to you secondary to being at a red light and you successfully cleared 2 lanes of traffic the driver who hit you could have received a citation for failure to control his vehicle and for driving at unsafe speeds for conditions.  

Some states will put percentages behind who is at fault especially when it is not clear who is at fault; this is one of those incidents.  

So,  my question is to you is who did the officer give the ticket to that will be the one who is officially at fault.  

I'm only answering this question because I have worked many MVC (Motor Vehicle Collisions) like yours and have asked many law enforcement  officers who would be at fault out of curiousity and having had my run report subpoenaed and having to testify

Answer 4

Depends on the state but most traffic laws will state that he had the right of way as you were pulling onto a street, mainline traffic always has the right of way from anyone pulling onto a street and yes he is correct you should have waited.

Answer 5

Actually this is something that happened to me minus all the snow!

If you are moving into traffic and you occur a accident then it is automatically your fault. You truly did not have the right away, the other car did. I am sorry that you got in a accident but glad your OK. Sorry about the luck though.

Well that's at least the law here where I am!

Answer 6

It would be your fault because you did pull out into traffic by the rules of the road.

Answer 7

I would have to say no one was at fault. Because of bad road conditions. You were already halfway out and not able to be back up. He should have been paying more attention with the bad weather and all. I would have called the police to get an accident report. Make it legit.

And above all else, never claim fault.

Answer 8

If he had a red light its his fault.