Expert: Richard Hixenbaugh - 8/4/2009

Question
So I was traveling in the right hand lane of interstate 80 and some guy came off the on ramp and signaled to pull into my lane.  I looked in my rear view mirror to see if I could get over to the left hand lane which I could.  But when I looked back in front of me, the guy had already begun to merge in front of me and was about halfway in my lane.  So I hit my brakes which seeing as it just rained, caused me to slide out of control and into the beginning of a guardrail which has totaled my car.  Here is a link to the a map which shows the accident scene location.

http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=interstate+80&sll=41...

You can see the on ramp in the lower portion of the screen and the guardrail I hit is the one on the left side of the eastbound lane just after the on ramp.  Is it my fault?  I believe the guy must have merged onto the highway at a very low rate of speed after coming off that corner on the on ramp and may have even entered the highway over the solid line instead of waiting for the dashed lines although I cannot prove this.  What can I do?  The accident happened yesterday morning and I live in New York and this happened in the middle of Pennsylvania as you can see by the map.  Your advice would be appreciated...I do not want to have to pay for something that I believe is not my fault.

Thanks for the help,
Tory

Answer
Hi Tory,

The ultimate decision as to who is at fault will be up to the insurance claims adjusters. They will take recorded statements from both drivers. I assume the other driver stopped. If not then you will likely be considered at fault. In most states the driver of a vehicle is required to always be able to control their vehicle. Unless the other driver is known and provides a statement that is close to yours, you will likely be considered at fault. If there was no contact with the other car, you will likely be considered at fault.

You will just have to tell your story and then the insurance companies will make the decision.

I hope this helps
Richard Hixenbaugh