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

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

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Attorney answers 5


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 your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


It sounds like you were both partly to blame here.

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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.


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.

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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.


report this to your insurance company

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