Am I at 20 fault

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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