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I was at a shopping center in tx leaving and pulled to the right of a car that appeared to be making a left turn. We were both next to each other waiting for a break in traffic. He then began to pull out but decided to turn right and hit the front driver's side of my car. The lanes were not marked and he is not claiming liability. No citations were given when the officer arrived, but I am trying to get his insurance to cover my damage. Is he liable for hitting me although the lanes of the driveway were not marked and he was there first?


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To figure out which driver of the auto accident was at "fault" for causing an accident is either created

by statute or defined by common law. Common law recognizes four basic

levels of fault:

  1. negligence

  2. recklessness or wanton conduct

  3. intentional misconduct

  4. strict liability (irrespective of fault)

Negligence generally means careless or inadvertent conduct that

results in harm or damage. It is a recurring factor in an aggregate

majority of automobile accidents. It encompasses both active and

passive forms of fault. That is to say, failing or omitting to do

something (e.g., yielding a right-of-way) may result in liability just

as much as actively doing something wrong (e.g., running a red light).

Reckless or wanton conduct generally refers to a willful disregard for

whether harm may result and/or a disregard for the safety and welfare

of others.

The simplest way to apply the concept of proximate cause to an

automobile accident is to ask whether it would be true that, "but for"

the other driver's violation, the accident would not have occurred.

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