Can extenuating circumstances negate fault in an accident?
Question Details:
I was involved in an accident where I hit a cyclist that was racing while I pulled into my driveway. The lane I was turning through was backed up, and a car let me cut into my driveway. However, due to the cars obstructing my vision, I could not see the cyclist racing down the path on the other side of the cars. I pulled across to see if I was clear but the only way to actually see the cyclists was to expose the front of my car. The cyclist came flying in and sheared my license plate. In my opinion, an unsafe environment was created by this situation. Do I have a chance at contesting fault?
Auto Accidents Law Answers
If your state utilizes comparative negligence in determining liability, you could claim that even if you were negligent, the cyclist was also negligent for racing down the path on the other side of the cars causing the accident. Comparative negligence would not absolve you of liability, but would reduce your percentage of liability. Comparative negligence assesses the percentage of negligence on the part of each party. For example, if a court determines that you were 20% negligent and the cyclist was 80% negligent, the cyclist could only recover 20% of the amount he/she is seeking in a potential lawsuit against you. These figures are for purposes of example only and the actual figures determined by a court if comparative negligence is applicable in your state will probably be different.
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