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Who is at fault?

Discussion in 'Auto Accidents, Injuries' started by all4peace, Feb 13, 2019.

  1. all4peace

    all4peace Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    This accident occurred in a retailer parking lot.
    1. Driver 1 was driving in the main lane (which is bidirectional), and passed Driver 2, who was parked in a parking space.
    2. Driver 1 drove up to the end of the main lane facing the store and stopped.
    3. No cars were moving in the direction of Driver 2 in either direction, so Driver 2 proceeded to back out of the parking space, into the main lane.
    4. Driver 2 backed out of the parking space partially (fender still in the parking spot) and stopped.
    5. Driver 1, while still in the main lane and several parking spaces away from Driver 2, placed their vehicle into reverse in the opposite direction, and struck Driver 2 (who was not moving).
    Which driver would be at fault in this accident?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Either driver 1 or driver 2 or some combination of the two. Your post does not provide sufficient information to say anything more than that. Reliably opining about fault would require, among other things, information about the damage to the two cars and statements from both drivers.
     
  3. all4peace

    all4peace Law Topic Starter New Member

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    The vehicle of Driver 2 sustained most of the damage with the quarter panel.

    Driver 1 states that both cars were in motion and collided into one another.
    Driver 2 states that only Driver 1 was in motion at the point of collision.

    The event was also recorded by store surveillance, and confirms the side of Driver 2.
     
  4. mightymoose

    mightymoose Moderator

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    Based on your explanation I would say #1 is fully responsible, but my opinion doesn't matter. If there is an insurance issue the video should resolve any questions they have.
     
  5. army judge

    army judge Super Moderator

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    When one vehicle collides with stationary property, or two or more vehicles collide, fault can ONLY be determined and apportioned after due process has occurred, a trial held, a finding issued by a judge or a jury, concluding with an adjudication of any such guilt or exoneration.

    Fault can never be assigned because one or more parties were issued a traffic citation, an insurance adjuster says one party is at fault, or an internet stranger opines about such imaginary fault, or even if one (or BOTH) party (parties) sues the other.

    Fault can never be determined by strangers on the internet.

    If you seek a finding of fault, you must sue the other party, or wait to be sued.
    A trail will be held, a judge and/or jury will decide fault, a judge will then adjudicate the finding.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    So would I.

    Neither does mine, though I do have a bit of experience in the area. :D
     

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