Expert: Doctor Settlement - 9/4/2007

Question
QUESTION: I was in an accident with two other cars car#1 was in front of me then suddenly pulls to the side of the road so i blew my horn an proceeded to pass when she pulls out again when i had almost, passed her car,car #2 then car flying off a minor road in front of us and drives straight into my car,this road was just mere meters in front of us .Can you tell me who is at fault?

ANSWER: Dear Jolene,

Please accept my sincere apologies for the delay in answering your question.  I was not asleep at the switch: instead we had some e-mail problems between the server and allexperts this past week that caused SEVEN questions to drop out of the system so I did not even know these questions existed.  It is cleaned up now, though.

Now, on to your question:

It sounds like car # 1 pulled over to make a right turn.  Car #2 was waiting at the side road to enter your roadway.  When he saw #1 slowing to turn right, he figured that the entry was clear.  Hence he got out there, only to find out that he failed to clear traffic.  

This is a classic case of failure to yield right of way on the part of car #2.

You are in no way liable.  You proceeded with due care and caution.  But #2 did not wait for #1 to pass so his vision would be clear.  Instead, he rushed ahead, thinking that #1 was the only car on the road.  He guessed wrong, and he is 100% at fault.

Best Wishes,


Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com


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

QUESTION: Hello Dr
        Well i got a phone call from car# 2 yesterday telling me that i know that i am at fault because he had already straighten up on the road way.Our cars hit at the front fender by the wheel on the right side it was like grazed down that side,same damage done to my car same to his.His car was already straight yes and it is a wide part of the road.Does he have any case there?And he also told me that he had not reported  it to his insurance yet.


Answer
I am still with you on this, Jolene, assuming I understand the facts correctly.  Anyone who enters from another roadway MUST YIELD to ALL traffic on the highway.  Period.  No exceptions.  

Report it to his insurance company and if he did not give you his company, call your local sheriff and get a state motor vehicles accident form and complete it and send it in and BE SURE TO NOTE THAT HE HAS NO INSURANCE.  

Thereafter, call the state department of financial responsibility and file the affidavit form of your loss and they will suspend his license until he posts money to pay your damages (or coughs up his insurance information).

Best Wishes,


Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com