If someone pulls out in front of me and we have an accident, is it their fault?

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If someone pulls out in front of me and we have an accident, is it their fault?

A vehicle pulled out in front of my husband on his motorcycle and he went down with it. When the report was written they said my husband was at fault. They said he was speeding. I just didn’t know why the other man was

not found at fault when he pulled out in front of my husband.

Asked on June 21, 2019 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There is no way for us to say who is at fault, since it depends on the specific facts. For example, how far out ahead of your husband did he pull out? There is a wide difference between pulling out 30 feet in advance or 100 feet, etc. How fast was your husband going--was he exceeding the speed limit or going faster than was safe for conditions, which would mean he compromised his ability to stop. What was visibility like? Etc. The facts determine who was at fault.


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