Accident: Who would be at fault?

[rx7boi]

Hi Beyond,

Just wanted to get your opinion on this situation. I tried doing a search but all of the examples have too many other variables in them which are not relevant in this case.

Long story short, if Car A is unable to stop at a stop sign due to poor weather conditions and slides into traffic in front of Car B, causing Car B to swerve and hit the curb with car damage, how would this situation normally play out?

Coles Notes
- Car A was unable to stop for the stop sign and slid into traffic due to slippery roads.
- Car B tries to avoid and damages car.
- There was NO IMPACT/COLLISION between Car A and Car B.
- Car B has dashcam of Car A sliding into traffic.
- Car B has a friend as a witness in a 3rd car behind her.



I talked to a friend who has worked in the insurance industry a long time.

What an adjuster says - Since Car A caused Car B to swerve, the liability is on Car A because if they hadn't slid through the stop sign into traffic, Car B wouldn't have swerved and damaged their car.

I believe he referred to this kind of accident as being related to Agony of Collision. Car A's insurance will likely have to pay for all damages, premiums are sure to go up.

edit: changed the above cause it was too pompous and arrogant.

Edited to add additional information.

[JMaj7]

Car A at fault for sliding into whatever traffic and Car B has to cover their own curb damage as they never collided with Car A.

[TomcoPDR]

Originally posted by JMaj7
Car A at fault for sliding into whatever traffic and Car B has to cover their own curb damage as they never collided with Car A.

^^ However, IMO, if there were witnesses/dashcams, etc... proving CAR A (not able to have their vehicle under control) causing Car B to sweve, I would side with Car B would "play out" able to deflect some liability onto Car A; the asshole probably without snow tires.

However, if there wasn't any witnesses and it was ONLY Car A and B at the scene. Then IMO, I would say Car B is tough shit, as Car A can just play the asshole that he is and play dumb of his/her involvement.

OP, you're being too vague, at least draw a diagram of some sort how it went down.

[racerjim]

Car B is up the creek, he would have been better off to hit Car A.

[403ep3]

This situation is probably going to side with car b if A doesn't fess up. Better off trying to brake and just hitting the other car, insurance wise..

[Mibz]

Originally posted by racerjim
Car B is up the creek, he would have been better off to hit Car A.

[Kloubek]

Originally posted by TomcoPDR
OP, you're being too vague, at least draw a diagram of some sort how it went down.

Nah, I know exactly what he's saying. Car A slides through the intersection because they can't stop in time and car B who is 90 degrees comes in, tries to miss car A, and in doing so messes up their vehicle.

As I understand it (and I might be wrong) any acts a driver takes to AVOID an accident are their own responsibility... as are the damages that incur in such an event. If they drove into a ditch and totalled their vehicle - their fault.

Would it make a diference if there were eye witnesses and dashcam footage? As far as I understand the rules, no. Is that fair? No. In fact, it is so unfair I wonder if I have been misinformed as to the rules because that is some serious BS.

[Seth1968]

Originally posted by Kloubek


Would it make a diference if there were eye witnesses and dashcam footage? As far as I understand the rules, no. Is that fair? No. In fact, it is so unfair I wonder if I have been misinformed as to the rules because that is some serious BS.

It's not unfair, as there is no way to prove that there would have been an accident.

It's unfair that car "A" was driving too fast for the conditions and/or not paying attention.

[rx7_turbo2]

The reality is that if you are Car A you should try everything in your power to avoid the collision with another vehicle. If you're Car B you're better off letting Car A hit you, rather than risk damaging your car trying to avoid the collision.

[eblend]

It's a good idea to try to avoid, but not to the point where you will damage your own car. Avoid, and if it isn't possible, get nailed. I for one would have a hard time trying to do damage to my own car knowing full well I am not at fault should the collision happen

[Jonel]

The exact situation happened to me 6 years ago, I slid and hit a bus stop sign after I gunned the pedal to try and get out of his way. Ended up paying just shy of 2 grand to fix the damages on my car. Then when the same thing happened 2 years ago, I didn't even bother trying to avoid the other car as there were people waiting on the exact same bus stop, I just steered the car away as much as I can to reduce the damage. and for that particular situation, the other driver ended up paying for the repairs (she hit my rear quarter panel and also left half my rear bumper hanging off).

She also went on a fit as to why I didn't avoid her because it was "obvious" that she couldn't make the stop. In the end she decided to pay for it under the table outside of insurance.

On both situations, the driver was going too fast for road conditions and I already had the right of way (4 way stop intersection on Beddington near the Safeway/Mac's). On the first accident, the driver stopped for a brief moment near the middle of the intersection and proceeded to go their way, unfortunately there were no witnesses. On the second situation, she ended up spinning out after hitting me and also went on the curb near where the #3 bus stops after making a left on that intersection.

[Masked Bandit]

It's one of those crap situations in life where doing the right thing (avoiding an accident) ends up costing you. If there is no contact between car A and car B then car B gets labelled as a single vehicle, at-fault collision. If it goes through insurance it will go against you. The other option, depending on your insurance situation, would be to just fix the damage yourself.

Sorry OP, you're hooped.

[BerserkerCatSplat]

Originally posted by racerjim
Car B is up the creek, he would have been better off to hit Car A.

Yep. Sadly, the best financial decision is to ignore your instincts and drive straight into them.

[Seth1968]

I can't believe no one has mentioned that it would have been better to hit car A

[infamous]

Originally posted by Seth1968
I can't believe no one has mentioned that it would have been better to hit car A

Originally posted by racerjim
Car B is up the creek, he would have been better off to hit Car A.

[Disoblige]

Originally posted by Seth1968
I can't believe no one has mentioned that it would have been better to hit car A

3rd reply already did.

Back in 06, my friend had the exact same type of accident; he had enough time to decide to hit the car coming out instead. The lady he hit actually was annoyed and argued "Why didn't you swerve out of the way to avoid the accident?" Yeah, like he was going to sideswipe a sedan so she could drive away like nothing happened

I think this is my biggest pet peeve in the winter now. People who turn onto a main road at an icy area like no one else is coming.

[Go4Long]

So here's my take on it. If car A was going "to fast" and slid in to the intersection and this somehow caused an issue for car B...how the fuck was car B planning on stopping for the stop sign?

Car B was going to fast and following to close for the conditions and smoked a curb for it...case closed.

[Disoblige]

Originally posted by Go4Long
So here's my take on it. If car A was going "to fast" and slid in to the intersection and this somehow caused an issue for car B...how the fuck was car B planning on stopping for the stop sign?

It's not a 3 or 4 way stop. Car B has the right of way 100% of the time.

[Go4Long]

This would have definitely been better with a diagram...lol. assumed car B was following car A.

[Disoblige]

Haha, true that.
I just assumed that Car A attempts to turn left or right onto a main road, but couldn't stop at the stop sign. He/she slides out and Car B on the main road had to swerve to avoid collision with Car A.

The reason I assume this is because this is probably the most common type of scenario I see in slippery conditions.