Am I at 20 fault

My wife was driving down a one way parking lot and a
guy jumped in his car. He backed into us now his
insurance company is saying we are at 20 fault
because we could not move out of his way before he hit
us I don’t understand. What did we do wrong for it to
be our fault?

Asked on June 20, 2017 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is not to say that this specific determination is correct, but as a general matter, you could be at fault if--
1) You were driving too fast, so that if you had been driving a more appropriate speed, you could have stopped or swerved in time;
2) You were not paying enough attention, which contributed to you not being able to get out of the way, whereas if you had been paying attention, you could have avoided the impact;
3) You were driving inappropriately close to the row of parked cars, minimizing reaction time.
Other examples exist, but the idea is, if you were being a somewhat careless or negligent driver in some way, and that negligence took away the chance you might otherwise have had to avoid the collision, that could make you at fault.


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