Expert: Richard Hixenbaugh - 5/13/2010

Question
QUESTION: A road is wide enough for two cars though it has no separate lines. The vehicle A is on the left side of the road. The vehicle B is behind on the right side of the road. The vehicle A suddenly turns right to try entering a subdivision on the right side of the street. The vehicle B does not know the front car on the left side turning right. As a result, the vehicle B ran into the vehicle A on the right front fender. Who is at fault and why?

ANSWER: Hi Ray,

Unfortunately, vehicle B would be considered at fault. nytime you hit someone from behind you are at fault. Even though B hit A on the rght fender, B would be at fault because B wasfollowing too close to be able to react to what A was doing.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: I have seen the police report. It determined the fault 50/50 because the front vehicle did signal a turn light. The vehicle B driver was unable to expect the front car suddenly turning right. The police said both drivers can go to the court. Who will likely win the case if the police has determined the fault 50/50 in this case? Both cars did not exceed the speed limit 35 miles. Can you provide your opinion?

Answer
Hi Ray,

The final determination of fault will be based on many factors. The judge will onsider the testimony of oth drivers He/she will determine who they feel is being most truthful and clear in their story. In the end it will either be determined to be 50/50 or 100% against B.

I hope this helps
Richard Hixenbaugh