Q: I'm a teenage driver and got into an accident with a middle-aged woman. Who is at fault? What will most likely happen?
I ended up driving behind a truck that had a horse trailer attached to the back. We were on a 2 lane road and with no dashed line. The left tail light lit up and the other light did not. I thought that she had her turn signal on. The driver then proceeded to drive into the left lane and I slowed. I thought she was turning into a driveway ahead, which was on the left, and that is why she got into the left lane and had her "turn signal" on. She stopped, and I paused but then proceeded. I didn't have a stop sign. She then began to turn right, but by the time she began turning, I had already come up past her trailer. To prevent a crash, I sped up and swerved my car to get out of her way. We ended up in a side impact collision. We called the police and the officer took our statements. I told them what happened, and the woman said she just didn't see me. The officer ended up asking her to test her lights, and her right tail light was in fact not working. Who would be at fault here?
A:
Your ages have NOTHING to do with anything. The taillight has little to do with liability. If I understand correctly, you were both driving on a 4-lane road (2 lanes in each direction - you state "that is why she got into the left lane"), in the outside lane.
You are probably BOTH responsible.
YOU
1.) You probably were following here too closely for her to see you in the first place. She probably stopped to make sure that nobody was approaching but she couldn't see you because you were too close.
2.) You know the difference between a steady light and a flashing light. Her taillight was NOT flashing.
3.) Your lack of experience may have prevented you from realizing that following her trailer, as you would follow a car does NOT permit her to see you.
HER
1.) She obviously did not check her taillights.
2.) She CANNOT execute a right turn from the left lane without taking responsibility for any accident that results.
For the reasons stated, her insurance may refuse to cover more than 1/2 of your damage (or some other fraction).
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
