If I was taking a friend home and trying to go through a gate on private property that hit my car, who is at fault?

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If I was taking a friend home and trying to go through a gate on private property that hit my car, who is at fault?

No police were called. This happened a month ago.

Asked on November 7, 2012 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no way to tell from what you write. Fault in auto accidents depends on negligence, or unreasonable  carelessness: so the question then becomes, who was careless. For example, if you hit a gate because you did not wait for it to rise, you would be careless; on the other hand, if you were driving carefully and the person controlling the gate wasn't paying attention and closed it on your car, he would be at fault. It depends on the circumstances.


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