Can I be at fault for hitting the rear end of a car that backed out of a driveway at night and then stalled on a state route (55 mph)?

Asked on November 11, 2012 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can be at fault--it depends on the exact circumstances. If you were traveling too fast to stop in time, for example--basically "overrunning" you headlights, you may have been driving too fast for conditions and hence be at fault. The issue is whether you were exercising the normal and reasonable amount of car typically expected of a driver under like conditions.

 


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