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Jjnieto180

New member
What is the name of your state?
California
I was driving down a country road with a speed limit of 55. I was traveling about 40. When I approached a truck traveling at roughly 15mph and had been for a while when I turned my turn signal on to pass them as a came aside them they had no signal on and turned left so I tried to avoid them as much as possible and got hit and my passenger side causing me to swerve around...
I am wondering if anyone can shine some light on who’s at fault?
 


adjusterjack

Senior Member
I'm putting it on you for the following reasons.

1 - You say he didn't signal. Maybe he says he did and you came out of nowhere. Both statements are biased and self-serving and cancel each other out in the absence of independent unbiased witnesses.

2 - Passing is a higher risk activity than turning so you had the greater duty to pass safely. You got hit while passing which creates a presumption that you weren't passing safely.

Whether you are 100% at fault, or less, is something that your insurance companies (or the court) will have to decide. CA is a comparative fault state where percentages of fault can be applied.
 

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