I was struck after exiting my driveway..i was in middle of street when a speeding driver tried to go around me.

Asked almost 3 years ago - Los Angeles, CA

i exited drive way. i could see driver safely down street.. as i was in plain sight ..straighting car.. driver tried to pass me speeding to get to curbside... but.we collided because i was still in motion..and had not finished straightening out...the speed limit is twentyfive..driver was going at least 40 mph.. there are to witness who agree driver was going to fast and failed to slow down. whos at fault.. the driver says me because i left out of drive way..but i was already in street in plain sight..driver tried to go around me

Attorney answers (5)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . You're both at fault, but I think you more than the other driver because they have the right of way when proceeding down a street.

    By pulling out of your driveway and cutting them off, you were negligent in not yielding to them. You obviously left your driveway without having adequate time to safely avoid this other driver.

    The other driver is contributorily negligent since they were speeding.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more
  2. Kevin Samuel Sullivan


    Contributor Level 20

    Answered . it should be the driver who hit you provided that you were already in the street because he was speeding, traveling to fast for the conditions, and they rear ended you. contact a local auto accident attorney.

  3. Christian K. Lassen II


    Contributor Level 20


    Lawyer agrees

    Answered . It sounds like you were both partly to blame here.

    Click on name or picture to see profile page.
  4. Lars A. Lundeen


    Contributor Level 20

    Answered . This is really a matter of what facts are believed. You should report this accident to your automobile liability insurance carrier and make a claim against the adverse carrier for the damage done to your vehicle by their insured.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  5. Ellen Buchholz

    Contributor Level 10

    Answered . report this to your insurance company

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