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- In the UK - determining who is legally At Fault depends to a degree on the type of accident that has occurred. For example - in a RTA the Road Traffic Act and Highway code are influential in deciding who has made a driving error. In an accident at work there are regulations for manual handling and keeping a work environment safe. For examples on showing legal fault for different two different types of RTA and work accidents see the related links entitled: "car accident claim", "motorbike accident claims" and "accident at work claim".
Here's a link for advice on determining who is at fault in a car accident.
Besides the website recommended above, you should consider point-of-impact, whether the alley is one way or two way, and what a reasonably prudent driver would be expected to do in this situation.
In your case, the point-of-impact is very telling. It's one thing to hit the rear corner of a car backing down an alley, but it's quite another to hit that car on a door. Your neighbor, even while backing, probably had the greater duty since you clearly had control of the roadway.
If there's any comparative negligence on your part, it would be minimal unless the alley is one way and statutes specifically prohibit backing in such a location. A statute of this type could be used as a defense for your neighbor because the statute would have been created with just this scenario in mind (i.e., don't back down a one way alley because most people wouldn't think to look more than once in that direction).
Another thing to consider: Your neighbor basically struck the middle of your car. She has a duty to watch for oncoming traffic. Clearly she wasn't watching. Now, suppose that had been a person? What would her defense be?
Fault is determined partially by the laws of your state.
Contributory Negligence Comparative Negligence
Under which of these systems does your state operate.
In one...the person who is 51% at fault will pay for all damage. In the other a percentage of blame is assigned and each pays that percent of the others damage.
It could also be a NO-Fault state in which your own company pay regardless of who is at fault.
General rule of thumb....the person with control of the "roadway" has right of movement. Anyone entering the roadway must yield to the ongoing traffic.
A smart attorney could argue a case that alley's are not roadways.
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If one car runs a red light and hits another car and there are no witnesses to say who ran which light who does the police officer fault?
The police officer is simply there to take the statement not to say whos at fault. The insurance company will decide who is at fault. Normally they will find that one one is at fault if no one admits fault. The case will simply be a dud. Neither party will get paid and each will have to cover the cost of the accident.
Who is liable if a minor gets into an accident?
If it is your fault, it is the owner of the vehicle's fault, but it's really your parents' responsibility to decide if your to take responsibility for it. However, if it is not your fault it is the at fault party who is liable.
Why is fault important?
Fault is important in deciding several factors. In an accident, fault could decide who pays for damage, or which insurance company and driver might be sued in the event of a court case.
If a car backs into you while you are stationary whos at fault?
The car that is moving is the only one with the power to avoid the accident therefore, the other car is at fault. They may say they weren't moving as well though. Good luck.
Who is liable if you have an accident while driving a disabled woman in her own vehicle?
It depends on whos fault the accident was, yours or the other driver.AnswerFor financial purposes though, so long as you are a covered driver her auto insurance will cover the damages.
Who is at fault when a person waives another into an accident?
The person who causes the accident is at fault
You are an accident and the accident was your fault how are you covered with GAP?
GAP coverage applies regardless of fault.
We had a no fault car accident why is there a conflict of interest-?
The conflict of interest is at a no fault. The sentence should read "We had no fault for the car accident".
Are you still at fault if the other person does not have insurance?
Yes, If the accident was your fault, then it is your fault. Whether or not they have insurance has nothing to do with who's at fault, or who actually caused the accident.
What does Florida no fault mean?
a judge in an American court makes the decision as to who is at fault for an auto accident. some states have "no fault" meaning in an accident all parties involved are given a percentage of the accident's fault
Can you still collect on your own insurance without paying the deductible after an accident.?
If you have collision coverage on your vehicle you can collect from your insurance company for the damages. You will not have to pay the deductible if you were determined by the insurance company to not be at fault for the accident. They then go after the other insurance company to get the money they paid you back. If you do not carry collision coverage then you need to file with other insurance company, they will then decide who was at fault for the accident if their party was at fault they then pay you for the damages to your vehicle.
How much will insurance go up in a non moving accident?
It is really based on whether the accident was at fault or not at fault. If it was not at fault, it usually will not increase.
