How can you determine who is at fault for an accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can you determine who is at fault for an accident?

I backed out of my mother’s driveway and her neighbor and I backed into each other. Confused at to how this had just happened, I asked her where did she come from, as I knew the street was clear when I started to pull out. Her response was that she had decided to back up the street from her mailbox, past her driveway, so that she could pull into her driveway.

Furthermore, she explained that she heard her warning sensors but did not know what they were for. I had no such device on my vehicle.

Asked on April 19, 2016 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no hard and fast rule: basically, if someone drove negligently, or unreasonably carelessly--that is, drove in a way a reasonable driver would not--they are at fault. d on what you write, your neighbor is more likely at fault: backing down the street is generally somewhat careless or dangerous, and it is also negligent to hear a warning sound but ignore it--even if she did not know what exactly the sound was for, she should have stopped driving and looked around.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption