lynn Posted January 30, 2010 Share Posted January 30, 2010 where someone had to swerve to miss your vehicle sliding on ice and they get in a fender bender are you liable for the fender bender? Quote Link to comment Share on other sites More sharing options...
Suzanne in ABQ Posted January 30, 2010 Share Posted January 30, 2010 I'm guessing that scenarios like this are the main reason my state is a "no fault" state. Quote Link to comment Share on other sites More sharing options...
Jen500 Posted January 30, 2010 Share Posted January 30, 2010 I wouldn't think so, unless you were driving wrecklessly for the conditions. Probably depends on your state laws though. :confused: Quote Link to comment Share on other sites More sharing options...
lynn Posted January 30, 2010 Author Share Posted January 30, 2010 I wouldn't think so, unless you were driving wrecklessly for the conditions. Probably depends on your state laws though. :confused: I was driving carefully. The driving conditions had me shaken because of how fast the weather changed and knowing how ice can be. I turned into the parking lot and my van was headed into a ditch so I braked and with the abs was able to keep from going into the ditch. Quote Link to comment Share on other sites More sharing options...
Jen500 Posted January 30, 2010 Share Posted January 30, 2010 I was driving carefully. The driving conditions had me shaken because of how fast the weather changed and knowing how ice can be. I turned into the parking lot and my van was headed into a ditch so I braked and with the abs was able to keep from going into the ditch. :grouphug: Glad you're ok! Quote Link to comment Share on other sites More sharing options...
LizzyBee Posted January 30, 2010 Share Posted January 30, 2010 I've always heard that if you don't make contact with the other vehicle, you will not be considered at fault. But it may be different where you live. Quote Link to comment Share on other sites More sharing options...
staceyobu Posted January 30, 2010 Share Posted January 30, 2010 I think they are responsible. You shouldn't swerve to avoid an accident and get in an accident, kwim? They should have let you hit them. Quote Link to comment Share on other sites More sharing options...
Chelle in MO Posted January 30, 2010 Share Posted January 30, 2010 I was driving carefully. The driving conditions had me shaken because of how fast the weather changed and knowing how ice can be. I turned into the parking lot and my van was headed into a ditch so I braked and with the abs was able to keep from going into the ditch. I can't imagine that you'd be liable, but I'm no expert on such matters! On a related note, it took me a second to figure out how you stopped your van with your "abs"--you know, your abdominal muscles!! :lol: Glad you're safe! Chelle Quote Link to comment Share on other sites More sharing options...
Karen in CO Posted January 30, 2010 Share Posted January 30, 2010 I think it depends on the state - icy states have different rules than states that aren't usually icy. Here, you might get a citation for reckless driving (not being in control of your vehicle) or for violating someone's right away, but the liability for impact goes to the cars involved. I've seen 50+ car accidents and everybody was liable for the car they rear-ended even if they were pushed into it by another car. Glad you are okay. Hope your state has sane laws. Quote Link to comment Share on other sites More sharing options...
Karen in CO Posted January 30, 2010 Share Posted January 30, 2010 On a related note, it took me a second to figure out how you stopped your van with your "abs"--you know, your abdominal muscles!! :lol: Chelle :lol: Quote Link to comment Share on other sites More sharing options...
GWOB Posted January 30, 2010 Share Posted January 30, 2010 Blech! I have skidded quite often in this state, where apparently they have never heard of SALT. I know how unnerving that can be.:grouphug: I would check in to the laws of your state. Some states are "No Fault" states, some are not. Personally, if someone got into a fender-bender, they were likely following too closely for the conditions, which IMO is no fault of your own, though I am not a judge. Quote Link to comment Share on other sites More sharing options...
joannqn Posted January 30, 2010 Share Posted January 30, 2010 I think it depends on the state - icy states have different rules than states that aren't usually icy. Here, you might get a citation for reckless driving (not being in control of your vehicle) or for violating someone's right away, but the liability for impact goes to the cars involved. I've seen 50+ car accidents and everybody was liable for the car they rear-ended even if they were pushed into it by another car. Glad you are okay. Hope your state has sane laws. :iagree: I think you could be cited for something but not for the collision itself. Only the police can ultimately tell you, or the insurance companies if the police weren't involved. I caused one of these accidents, only it was 4 vehicles instead of 50. I hit the driver in front of me, causing him to hit the car in front of him, causing her to hit the car in front of her. Everyone except the front car was cited because they were following too closely. Quote Link to comment Share on other sites More sharing options...
jenL Posted January 30, 2010 Share Posted January 30, 2010 Personally, if someone got into a fender-bender, they were likely following too closely for the conditions, which IMO is no fault of your own, though I am not a judge. This is exactly what I was going to say. In those conditions, you need to drive in such a way to give yourself space in case those around you slip & slide. Unfortunately, some people don't change their driving to fit the road/weather conditions. Good to hear you're okay! Quote Link to comment Share on other sites More sharing options...
Laurie4b Posted January 30, 2010 Share Posted January 30, 2010 I doubt you are at fault. I once got hit in the ice by a guy who was absolutely stupid, and they didn't charge him. I was driving carefully up a slippery hill. There were disabled cars to either side and pretty much one lane--the one going uphill, on the right. A guy coming down the hill never looked before he proceeded into the same lane (ie had to cross into the oncoming left lane where I was--he did this deliberately--he didn't slide) I was able to pull almost all the way off the road, but he clipped my left rear fender, while ping-ponging off several other cars on the way down. He was clearly at fault for proceeding in the wrong lane without even looking, but the cops didn't charge him because of the road conditions.:glare: Quote Link to comment Share on other sites More sharing options...
Jan in SC Posted January 30, 2010 Share Posted January 30, 2010 Was the car following you or did you swerve into oncoming traffic? If he was following you, then he was probably too close and it was not your fault. If you swerved into oncoming traffic, then I would think it was your fault. Obviously it wouldn't be as black and white as this, though. Quote Link to comment Share on other sites More sharing options...
Parrothead Posted January 30, 2010 Share Posted January 30, 2010 I think they are responsible. You shouldn't swerve to avoid an accident and get in an accident, kwim? They should have let you hit them. I think that is the thinking. If you are hit, it is not your fault. But if you hit someone, even trying to avoid being hit, you are at fault. In some instances it may be best to have some one buy you a new car. Quote Link to comment Share on other sites More sharing options...
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