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too_cold

WI winter storm accident fault?

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I did everything I could under the circumstances to avoid colliding with anyone and to get out of the oncoming lane of travel. Given the weather, road conditions and the way the collision occured as well as closer review of the photos of the scene immediately after the accident, it would appear that they slid as well. I strongly believe the collsion could very well have been avoided. Is the other driver at fault for not avoiding collision but rather turning into my motion rather than away from to avoid collision, or not braking in time/paying attention? Would this be considered equal fault? or who would be more at fault?

thanks!

edit: asked if they slid and they were adamant that they never lost control or slid.

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I strongly believe the collsion could very well have been avoided. Is the other driver at fault for not avoiding collision but rather turning into my motion rather than away from to avoid collision, or not braking in time/paying attention? Would this be considered equal fault? or who would be more at fault?

thanks!

edit: asked if they slid and they were adamant that they never lost control or slid.

Sorry, but you are imagining something that's not legally supportable.

You lost control of your vehicle because you were going to fast for conditions.

The other driver did nothing wrong.

100% on you.

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Thank you for your reply.

The thing with black ice is that you could be going 2mph and will lose traction. In addition to the fact that it is not obvious as to its locaion and can guage where it is or will be - no announcement or indication.

with regards to fault what about breach of driver duty specifically lookout and avoidance? Not paying attention to the road is also a dangerous situation, right? With focus on the road and ample distance (as in this case) one allows themselves ample time to react to the ever changing conditions on the road ahead. Is it possible to not hit the brakes to avoid a collision and claim no fault? (such as hitting a pedestrian?)

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Sorry, slice it any way you like, but the fact remains that you were the one who lost control of your vehicle and the other driver didn't lose control of his. In other words, he didn't slide into your lane, you slid into his.

That's a cold hard fact of life that isn't going to change.

Also doesn't matter what anybody else does.

You, of course, are free to sue the other driver for the damage to your vehicle and see how far you get in court with your theory. Meantime your liability insurance carrier is likely going to pay for the other vehicle's damage in spite of your theory.

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Sorry, slice it any way you like, but the fact remains that you were the one who lost control of your vehicle and the other driver didn't lose control of his. In other words, he didn't slide into your lane, you slid into his.

That's a cold hard fact of life that isn't going to change.

Also doesn't matter what anybody else does.

I disagree. We don't have all the facts here. Yes, we know the OP apparently slid into the oncoming lane, suggesting negligence on his/her part. But the actions of the other driver are not irrelevant, as you suggest. He also has a responsibility to avoid the accident if he can do safely. If it can be proven that he could have done so and didn't, he may be partly at fault for the accident. That may reduce or eliminate the OP's liability for the accident, depending on the applicable state law (and the OP didn't say in what state this occurred). While that may be hard to prove, that's not what was asked.

You, of course, are free to sue the other driver for the damage to your vehicle and see how far you get in court with your theory. Meantime your liability insurance carrier is likely going to pay for the other vehicle's damage in spite of your theory.

I didn't read it as the OP asking if he/she could win anything for the damages to his/her car. That may indeed be unlikely. But the other driver's contributory negligence, if any, would help in at least reducing the liability the OP may have for the claim the other driver pursues against the OP.

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