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who's fault?


swif1

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well, he was under no obligation to cede the right of way, however you say he did stop. Providing that is true, the diagram is accurate AND he hit you behind the front tire/fender it is his fault.

 

Failure to yeild the right of way.

 

Essentially, if he allowed you to pull out in front of him, meaning that you didn't hit him or he didn't hit your front bumper then it is his obligation to ease off the gas and apply some brake. Basically he just rear ended you, even though it was a side impact and the blame should fall accordingly.

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there fault.......lets say for example that you were coming from the opposite way and you were trying to leave the parking lot would you have stopped for that car......since the entrance and exits of most parking lots are the main roads.....and one thing i remember from Drivers Ed......is that little road always yields to big roads........

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Originally posted by AeRoSoL JuNkiE

dude stopped lending you the right of way...its his fault if he stopped. if he didnt then it's yours...and you better be able to prove that he actually came to a complete stop

 

i saw her car. it wasn't moving when i first turned into the parking lot. but then it would be my word against hers.

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No, the blue car doesn't have to stop to cede the right of way. If the car did stop it makes it all very cut and dried. However, since Swif was already halfway through his turn, as evidenced by the fact that she hit him behind the front fender, it is STILL her fault. If she had clipped his front bumber or he had hit her it would be all Swif, but in this case it's ALL her. Think of it this way, if someone pulls out in front of you 200 yards away, but instead of speeding up to the speed limit (let's say 55), they just poke along at 15mph, You don't then have the right to rear end them.

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