Atlanta, GA asked in Car Accidents for Georgia

Q: If a car is parked on a residential street and pulls in front of me when I try to go around, is that improper passing?

The other driver jerked her car to the left as I was going by. This action created a minor collision in which there was a scrap on my cars side bumper. As soon as our cars touched the other driver screamed your fault and then pulled off. I pulled around the corner and tried to talk to the driver, she rolled her window up and started driving forward. I left and she left as well, driving home before calling the police. The police cited me for improper passing and leaving the scene of an accident but we both did. She states that my car created a dent in her door but my car has a tiny scrape. What are the chances of me winning when I go to court?

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2 Lawyer Answers

A: Determination of liability and fault is fact specific-----and a trier of fact will determine the facts and make a liiability ruling, if you get that far. Before getting there, others (you, the other driver, insurance company adjusters, lawyers, etc) will make liability determinations based on the facts (version) presented to them---as such, you probably should consult with an accident/injury lawyer to discuss the specifics of your situation and then decide how to proceed. As for a basic law primer, from your post, I think the issue is who had control of the travelled portion of the road at the time of the collision as well as the location of the accident are important. For example, was it you were properly in the correct lane of travel in the travelled portion of the road and the other vehcle was parked on the street and pulled out in front of you at a time when it was too late for you to avoid the collision, or was it that the other vehicle was already in the correct lane of travel in the travelled porition of the road (whether it was stopped or moving very slow) such that you should have stopped and allowed the vehicle to finish entering the road but instead you chose to try to drive around the vehicle. That's 2 different versions and in 1 you should not be liable and in the other, you are very possibly liable----depends on which version is accepted.

Tim Akpinar agrees with this answer

A: My colleague has outlined the two possible interpretations thoroughly. It's your word against hers, but you can place your carrier on notice and give them your account for the record - in the event they later claim injuries. Good luck

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