Rear End Accident Liability - Hit and Run

What is the name of your state? Oregon

Question regarding liability in a rear end accident in a hit and run where the person hit left the scene.

I was traveling on I84 in the right hand lane when a truck on the shoulder pulled out in front of the car in front of me. All traffic in my lane was going around 55-60 (speed limit is 60) on a clear day as I could see the sun rising above Mt. Hood as I was heading east. The truck on the shoulder pulled out at a very slow speed (5-10mph), so the vehicle in front of me swerved around him as I instantly slowed down.

Due to the trucks slow speed I did not have enough time to stop as my car spacing was based on all traffic moving around me, and due to how close the car was when it cut us off I could not establish any more space in time. I hit the person who then was still going about 10mph as I had enough time to move my air bag out of the way, pull to the side of the Interstate, and read their license plate a couple of times as they slowly continued moving forward. They did not stop and continued on their way in a very non-rushed way. I almost assume they were drunk as I would assume someone trying to get away would have sped off a little faster.

Thinking back I'm not sure what more I could do. The car was not stopped in the road, nor were they going slow in the road. They simply pulled out into 60mph traffic at 5mph. I know in most cases the person who rear ends the car is at fault, but my only other option was to hit the person next to me.

My insurance is handling the situation right now, but I wanted some more info for when they decide my fate.

Thanks,

JasonWhat is the name of your state? OR

Sorry forgot to add I was not cited by the police for anything.

What is your question?

Liabilty

Should I be liable for this? Or is there a case for a rear end accident to be the fault of the person who was hit. Basically if my insurance company says I'm at fault my insurance costs go up. Do I have any argument against this?

Based on what you wrote, you're not at fault.

What the person did slowly pulling onto the roadway when it was not clear or safe to do so is known as "failure to yield".

But anytime you see a vehicle on the side of the road, you should be paying attention, and preferably move over a lane if possible, well ahead of time. In fact in many states that is now required if one of the vehicles on the side of the road happens to be law enforcement or other emergency vehicle. Or somebody could come walking around, or jump out of the vehicle, and go splat on your car.

I once saw a typical flaming Fiero on the side of the road once, and when the engine started on fire the driver must have jumped out of the car. A passing car took the driver's door clean off.

Thanks for the Comments

Thanks for all the feedback.

This Interstate is pretty busy in the morning, so getting over fast would probably of caused more issues. In fact right as I hit the person I noticed a Subaru sliding sideways next to me (he/she ended up about 100ft down the road facing me) and all lanes behind me skidding doing the snake type move when their vehicles rear ends began to slide.

When it comes to cops or people working on their cars I always try to get over as I've had to do repairs on the side of the road before and it always make me nervous when cars zoom by at 60mph.

In this case it happened too fast to react perfectly and I consider myself a person who has really fast reflexes when I drive as I have avoided many cars merging into me, rear-ending me.... I guess after 13 years of clean driving my time was due for some wreck. Especially driving across Portland daily for work.

J-

I agree, you were not at fault. You are not expected to be able to avoid tailgaiting someone who cuts you off and slows down/stops immediately.

all of you may be right but....to be able to use that defense, you will need a witness to the fact...or it could end up a he said she said. they could claim a different story and you hit them from behind.