Traffic accident - who is at fault?
 

On sunday night my roomate and I had to switch parking spots in our driveway so I wouldnt be blocking him in for work in the morning. Basically what happened was I pulled into the street and pulled forward to straighten my car out then started backing up to get behind the driveway so I could pull in, at the same time my roomate was backing out of the driveway. We didn't file a police report and luckily there were no cops around b/c we both would have failed a breathalizer.

I told him I would pay for it b/c I thought it was my fault and I didnt want to report it to my insurance. But I've been wondering if we might each be at fault. What would you guys do? Has anyone been in a similar situation? Also I'm not sure if this matters but I was going in reverse on a one way street.

EDIT: Basically I was backing down the street and he was backing out of the driveway and we hit each other. MSPAINT coming soon...

Re: Traffic accident - who is at fault?
 

MS Paint needed.

Re: Traffic accident - who is at fault?
 

I read this a couple times and really don't understand what happened. Re-write the first paragraph, please.

Re: Traffic accident - who is at fault?
 

you both backed into each other? double fault , pay for your own damages he pays for his
and move on

Re: Traffic accident - who is at fault?
 

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I read this a couple times and really don't understand what happened. Re-write the first paragraph, please.

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Re: Traffic accident - who is at fault?
 

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MS Paint needed.

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Re: Traffic accident - who is at fault?
 

http://i37.photobucket.com/albums/e5...x/untitled.png

I am the one backing down the road, he is backing out of the driveway.

Re: Traffic accident - who is at fault?
 

Drink it off. Both pay own damages assuming roughly equal damage. Move on with life.

Re: Traffic accident - who is at fault?
 

Wow, OP is dumb on a couple of levels.

Re: Traffic accident - who is at fault?
 

Starting to regret admitting fault and agreeing to pay all costs, huh?

I'm pretty sure the agreement to pay costs isn't admissible in court but the admission of guilt would be as a party opponent... not that this should ever go to court. Talk to the man about splitting it up.

Re: Traffic accident - who is at fault?
 

I think it's slightly more his fault than your's as you were already on the road and it's up the person turning onto the road to be observant and choose a safe time to move. (that doesn't mean that you shouldn't be observant though), but the fact that you knew he would be turning onto the road kinda negates this. So you probably should've split the costs.

Re: Traffic accident - who is at fault?
 

Ya I know, the whole thing was stupid...like I said we were drunk, and he's my roomate so I felt bad. At the time I wasn't even thinking that it might be his fault as well, all I could think about was that I [censored] up by not seeing him in my mirror. Its definitely something we should be able to workout without going to court. But the thing is he doesn't have the cash to pay up front, so he might have to get his insurance to cover it, which would mean police report, etc. etc...

Re: Traffic accident - who is at fault?
 

OP, you still drunk?

Re: Traffic accident - who is at fault?
 

In most accidents if you are going in reverse it is your fault. Since both you were backing up- it looks like you both need to fix your own vehicles.

YMMV

Re: Traffic accident - who is at fault?
 

Haha no I'm not, just a little tired. Thanks for the input guys.

Re: Traffic accident - who is at fault?
 

I think most, if not all, of the fault belongs to the guy who was going the wrong way on a one-way street.

Hard to blame the guy backing out of the driveway when he gets double-crossed by a pair of tail lights that have no business moving "upstream" towards him.

Re: Traffic accident - who is at fault?
 

As you originally guage, I too think this is your fault.

You cleared the driveway once already when you pulled up. Why would your roommate suspect that you would drive back past it again?

Since you had cleared, he probably figured he'd get out of the driveway and let you back into the driveway and then pull in behind you.

Re: Traffic accident - who is at fault?
 

Ya that was part of my logic at first... but the more I think about it the situation isnt really any different than if I was backing up in the right lane on a 2 way street.

Re: Traffic accident - who is at fault?
 

i would not have agreed to pay for both cars.

a) it's expensive
b) you've both been drinking
c) you're both at fault:
1) you did something somewhat unexpected
2) he wasn't looking as he backed out

i usually describe an accident as 2 idiots converging
at the same spot at the same time.

if only 1 of you was acting like an idiot, there would
have been no accident.

no offense intended.

Re: Traffic accident - who is at fault?
 

Are you serious about not seeing him in your mirror? Do you drive in reverse while looking in the mirror, or do you actually twist your head around and look out the rear window?

Re: Traffic accident - who is at fault?
 

Ya I know I [censored] up here. I was drunk and impulsive and wasn't sure what to do.

The reason I offered to pay was b/c I was only looking at my side of the situation:

1)I could have avoided it if I was paying more attention
2)I was drunk and didnt want to involve cops
3)I didn't think the damage was going to be as expensive as it is

I should have thought about it more but what's done is done. Now I have to figure out what the best play is from here. Maybe file a police report and he can get his insurance to pay for his and I'll pay for mine out of pocket.

Re: Traffic accident - who is at fault?
 

Yes I usually look in the mirrors when I back up. In this case I shot a glance in the mirror and saw it was clear so I started backing up, prolly the same thing he did.

Re: Traffic accident - who is at fault?
 

i always turn my whole head around when reversing. i can't imagine just looking in the rearview mirror.

Re: Traffic accident - who is at fault?
 

I think in MD he would be at fault. It's called the "boulevard law." Basically any car pulling out onto the
road is at fault, even if the guy on the main street is driving drunk in reverse thru a redlight. FWIW, I've heard
that we are one of the few states w/ this dumb law.

I was in an accident where the retarded lady that hit me was clearly 'wrong'(breaking several laws), with a million witnesses, but I was still at fault because of this BS.

Re: Traffic accident - who is at fault?
 

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As you originally guage, I too think this is your fault.

You cleared the driveway once already when you pulled up. Why would your roommate suspect that you would drive back past it again?

Since you had cleared, he probably figured he'd get out of the driveway and let you back into the driveway and then pull in behind you.

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Re: Traffic accident - who is at fault?
 

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i always turn my whole head around when reversing. i can't imagine just looking in the rearview mirror.

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I only use the mirrors. I've driven trucks where that's the only way to see behind you.

I'm positive that if OP was looking at his side-mirror and moving cautiously at the time approaching impact, he would've seen the other car.

Use the mirrors! If you can't see it, you can't hit it!

Re: Traffic accident - who is at fault?
 

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Yes I usually look in the mirrors when I back up. In this case I shot a glance in the mirror and saw it was clear so I started backing up, prolly the same thing he did.

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This is not "using" the mirrors. This is "ignoring the mirrors after an initial glance."

Re: Traffic accident - who is at fault?
 

[ QUOTE ]
I think in MD he would be at fault. It's called the "boulevard law." Basically any car pulling out onto the
road is at fault, even if the guy on the main street is driving drunk in reverse thru a redlight. FWIW, I've heard
that we are one of the few states w/ this dumb law.

I was in an accident where the retarded lady that hit me was clearly 'wrong'(breaking several laws), with a million witnesses, but I was still at fault because of this BS.

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This is the ruling. He's at fault. He is required to stop before leaving private property and ensure that public road is clear. This is the law in all states as far as I know.

Re: Traffic accident - who is at fault?
 

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This is not "using" the mirrors. This is "ignoring the mirrors after an initial glance."

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Ya I know...

Re: Traffic accident - who is at fault?
 

You should split the costs.

But, the fact that you already said you would pay would make me feel obligated to pay if i was in ur situation.

If ur roomies cool, talk to him about it.

Re: Traffic accident - who is at fault?
 

Ya we are cool, I told him I will pay 1500, and if its more than that then we can get one of our insurance to cover it or he can pay the difference, whichever he prefers. I think that is fair considering the situation.

Re: Traffic accident - who is at fault?
 

Glad it worked out. Can I suggest learning to look out the rear window when reversing, otherwise the next thing you hit might be a kid.