Q: I was merging into the right lane from the left lane when the car in the right sped up and hit me. Am I at fault? :(
My damage is to the right passenger side rear bumper. His damage is to the left driver side front bumper
A: If the other car hit you in the rear this would tend to indicate the other driver has some fault. You have a duty to make sure before changing lanes that it can be done safely. If truly you were making a lane change and the other driver sped up then probably more the other driver's faut than yours.
Tim Akpinar agrees with this answer
A:
It's a difficult situation in which to sort out liability without videocam footage or other meaningful evidence. The other driver could very claim they were not speeding up.
Tim Akpinar
A:
If there's any video at the intersection, you want to request it as soon as possible. Maybe there is a business that has a security camera that would cover that part of the roadway.
In general a vehicle has a right to be in it's lane, and it's on the turning vehicle to be sure that the way is clear. As a result, chances are the other person's insurance will claim you are more than 50% at fault.
That doesn't mean it can't be the other driver's fault, if for instance, the impact is fender to fender. If you were hurt, why not contact a member of the local Tenn. Assn for Justice--they give free consults.
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.
