Traffic accident - who is at fault?

[jaffa]

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.

[xCptMorganx]

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...

[prohornblower]

OP, you still drunk?

[Dranoel]

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

[xCptMorganx]

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

[youtalkfunny]

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.

[Khabbi]

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.

[xCptMorganx]

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.

[quirkasaurus]

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.

[jtr]

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?