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10-14-2006, 07:34 PM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Whosn at fault? Thanks to all who reply
What is the name of your state? North Carolina
Hi yall,If i hit a deer,and i hit head on to a vehicle in the oncoming lane (lanes have absolutley no room for error at all),who is at fault? No i did try to avoid going into the opposite lane.
Thanks again for replying anyone. |
10-14-2006, 07:36 PM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | Quote:
Originally Posted by Slowpoke  What is the name of your state? North Carolina
Hi yall,If i hit a deer,and i hit head on to a vehicle in the oncoming lane (lanes have absolutley no room for error at all),who is at fault? No i did try to avoid going into the opposite lane.
Thanks again for replying anyone. |
We will need a more detailed description of the accident before even beginning to respond. |
10-14-2006, 07:38 PM
| | Member | | Join Date: Aug 2006
Posts: 226
| | | The Deer
I would guess the deer would be at fault, but I doubt the insurance companies will sue the deer. |
10-14-2006, 07:44 PM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Thank you Weenor
Car #1 driving east, car #2 driving west. Deer jumps out in front of car #2,and i could not control my steering,and car #2 swerves into Car #1s lane,and caused a head on. Now on this highway there is no room for error at all. Who is at fault? Car #2 or is it a no fault?
Thanks again. |
10-14-2006, 07:50 PM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Well that makes me feel a little better Demartian,i have been a wreck myself over this because i only have liability,and my insurance has denied Car #1 all damages due to no proof of car #2s fault,but im still worried. Thanks Dem. |
10-14-2006, 07:54 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,460
| | | Car #2 is at fault for entering the lane of car #1. The issue of the deer is a contributing factor. Most states do not have a law absolving you of responsibility to remain in your lane if you are evading an obstruction.
However, I do not know collision reporting law in NC and can only base it upon the law in my state and in many others. It might be that this would be some sort of neutral fault if your state allows for it. Additionaly, insurance companies and civil courts assign fault on their own criteria and not necessarily on the vehicle laws of the state in question.
Hopefully the other driver ALSO saw the deer, or this then becomes akin to the mysterious "swerved to miss the dog in the road" cases we get in the cities.
Was there a police report? Who does the report indicate as being at fault?
- Carl
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"Make mine a double mocha ...
And a croissant!"
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Can Stand Before Anyone
....author unknown
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10-14-2006, 08:48 PM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Thanks Carl
Yes there was a police report Car#2 got a ticket for driving left of his lane,and police (state) who gave car #2 the ticket said that he was so sorry to do this,and if car#2 wanted to fight the ticket that the officers feelings would not be hurt. He also said to car#2 if you want to postpone your court date till i(officer) can show up for court i will state that the deer is at fault.(car #2 can not ask for anything more than that huh?)
Now the police report does not state at all whos at fault. I really appreciate these replies.
Thank you all. |
10-14-2006, 09:00 PM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Im sorry did i post wrong? See yall tommorow i will learn how to do this. Weenor did i steal your thread? |
10-15-2006, 07:10 AM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Hi everyone,Thank you whoever started this awsome forum. Its great!
I have a new question. If car #2s insurance company denies all damages to car #1 ,does that mean this is over or can car #1 persue anthing more? Thank you |
10-15-2006, 09:15 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,858
| | | Which car were you driving?
The police report and whether or not either driver got a ticket (and whether or not the ticket is thrown out) are not the sole factor in determining fault. Car 2 is likely to be found at least partially at fault. |
10-15-2006, 10:03 AM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,460
| | Quote: |
Originally Posted by Slowpoke I have a new question. If car #2s insurance company denies all damages to car #1 ,does that mean this is over or can car #1 persue anthing more? Thank you | The insurance company of car #1 will likely take car #2's insurer to task and fight for them to pay - and they'd have a case.
Driver's can sue each other ... insurer's can sue each other ... etc.
The citation going to #2 is a pretty good indicator of legal fault. Whether it is sufficient to sway a civil court or the insurance companies is another matter.
Bottom line is that there are too few facts present so no one can predict what WILL happen, we can only guess as to what MIGHT happen.
Also, I ask again - Did the other driver see the deer? Did ANYONE see the alleged deer besides the driver of car #2?
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!"
He Who Kneels Before God
Can Stand Before Anyone
....author unknown
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10-15-2006, 02:08 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | You hit BOTH the deer AND the other vehicle? Then you will probably be determined responsible for the damages to the other vehicle, but your insurance company will probably not charge the accident as your fault. However, since car #1 didn't do anything wrong (just driving along), and they weren't at fault, then driver of car #2 should pay for their damages.
Only in post #1 did you mention hitting the deer. If you did NOT hit the deer, then you are 100% at fault for the accident.
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Originally Posted by arazi Quote: |
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10-15-2006, 02:33 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,460
| | Quote: |
Originally Posted by moburkes The one thing I pride myself on is that I am a perfectoinist. | OT: Cute! 
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!"
He Who Kneels Before God
Can Stand Before Anyone
....author unknown
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10-15-2006, 02:38 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | Quote:
Originally Posted by CdwJava OT: Cute!
- Carl | Credit goes to Senior Judge. I will add that.
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My new signature:
Originally Posted by arazi Quote: |
I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
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10-15-2006, 03:28 PM
| | Member | | Join Date: Oct 2006 Location: nc
Posts: 56
| | | Carl,Mo,and ecm 12
Thanks for having patients,and trying to answer my not so clear posts.
Ok Carl yes car #1 saw deer cross in front of car#2 and hit it ,and officer saw deer dead after the fact. Officer said he would stand up for car 2 in court,and say that the deer caused the accident. (i hope this will help too)(Husband was driving car #2 not i).
I am a little worried about this because all i had for insurance was liability.
Car #1 losses were a 1994 GMC step van,and driver of car#1 got a brike ankle.
Car#2 we are trying to pay for all our medical with cash (payment plan)
and we lost a 1986 toyota 4WD small pick up.
But most of all i have been very very thankfull every single day for everyone living through this.
Thanks again all of you! Pam | |
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