Q: Who is liable When a vehicle passes another vehicle to avoid an accident and the other car hits the passing vehicle?
A vehicle pulled out of a bar parking lot on the highway in front of another vehicle traveling 55 mph. After suddenly slamming on the brakes was not efficient enough to completely stop, The driver decided To pass the vehicle to avoid an accident. While successfully crossing the dotted line that Separates the hwy lanes; Midway through the passing the vehicle that already pulled out almost causing an accident without indication decided to try to pull into a driveway off to the left-hand side. While doing this the driver struck the passenger side of the passing
Vehicle causing the passing vehicle to run off the hwy now causing damage to both sides of the vehicle. Who would b liable in this accident?
A: A Missouri attorney could advise best, but your question remains open for two weeks. Most attorneys would want to see available evidence before offering an opinion - police reports, video, eyewitness testimony, skid marks, points of impact on vehicles, etc. However, as a general rule applied in virtually all jurisdictions, a vehicle proceeding in a main roadway has right of way over vehicles attempting to enter the roadway (subject to traffic control devices, yield signs, etc.). Good luck
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