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Who is at fault when you are exiting from a private driveway and you are hit by a car making a left hand turn?


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2007-07-30 16:03:19
2007-07-30 16:03:19

Facts are not clear: "left hand turn" from where to where? In general, entering a public way from private property has to yield to everyone lawfully upon the public way. However, every person (including turning left) has obligation to observe other drivers and avoid collision if possible (the "last clear chance" doctrine). Cannot determine potential "fault" from slim facts you have provided.


Related Questions

"Who is at fault when someone is backing out of a driveway on private property and you are pulling into the driveway and you get hit?" "Who is at fault when someone is backing out of a driveway on private property and you are pulling into the driveway and you get hit?"

It is the person who is blocking the private driveway's fault because they should have known not to park in front of a private driveway in the first place. However, if the private driveway is not marked with a sign of some sort to let people know that it is private, it may be the driveway owner's fault.

Don't force the wording of the event and I believe the answer to: "...when you back into someone....", is evident. Add to it, "...when exiting a private driveway...", where one is always required to yield to the traffic on the public street.

It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.

Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.

Both states and municipalities establish traffic laws. In most instances person exiting a driveway whether private or public will be held accountable for an accident. The premise being, that driver is entering into the "traffic flow" and is required to use reasonable caution and take no action until the right-of-way is safely clear.

BOTH drivers are at fault for backing without caution. If the accident occurred in a driveway on private property, no ticket was probably issued. Turn it over to your insurance companies.

any vehicle leaving private property and entering a public road ,is at fault. all vehicles leaving private property MUST yield to vehicles on a public road

If you were fully in the lane, and he is backing from private property onto public property more than likely he will bare the majority of fault/liablilty.

doesn't matter if an accident was on private property. get a police report immediately. this will be used to determine fault, if any.

The car entering the roadway has to yield the right of way to cars already established in the in the simplest answer "B" has the right of way and "A" is encroaching so "A" would be at fault unless there was a signal

The car that is moving is normally the one at fault. No matter how someone is positioned you should not drive into them (going forward or in reverse). It therefore seems to me that the car backing out of the driveway is at fault.

This has alot to do with if the impact is on private property and if you had permission to park in the friends driveway, then ultimately if you want to remain friends. If it's an easement or such, the other answers may apply.Another View: Whether you are on someone else's private property makes no difference, the striking vehicle is at fault. Your insurance companies will have to battle it out.

The backing vehicle appears to be at fault - they should have been looking behind them to see what was happening there and seen the car coming out of the driveway.The car coming out of the driveway would have had their attention in the other direction, looking for oncoming traffic.

It is usually the responsibility of the homeowner if a person pulls into a driveway and runs over a bicycle. The homeowner's insurance might also pay for this accident. It might be the driver's fault if the bicycle was not in the driveway at the time or the driver was drinking.

anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.

if you're reversing into your driveway and someone hits you its their fault. you were moving away and they wern't paying attention. Now if you went back into the street to straighten out and back back in then it might be your fault, but if you were reversing the whole way and never came back out of your driveway it would be theirs

Both are equally at fault and you may both have to use your own insurance to pay the damage. If a police report was filed, then the police will determine the % of fault to each person. CORRECTION - Your INSURANCE COMPANY will determine the fault - not the police. Yes, it may be a 50/50 situation, unless one party admits 100% fault.

I'm from Michigan, so it is no one's fault HEHEHEHEHEHEHEHEH.

If the car that was on the street was stationary (no moving) then it's the fault of the driver pulling out of the driveway. The rule of thumb is that if both cars were in motion, the drivers *may have been able to avoid an accident - therefore it's called "contributary negligence" In this case, although the details are vague, it seems like it's the fault of the driver pulling out of the driveway because it is their responsibility to enter the road under safe conditions and not disturb the flow of traffic. Good luck. ANC, esq

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