Auto Accident: Determining Fault

[RlCKY]

It's the winter, and the conditions are bad.

Driver A has reduced speed to deal with snow accumulation that doesn't look much like it has been plowed. Driver A is driving on a straight stretch of road and is maintaining their position in their lane when the vehicle spins out of control with no other vehicles around from the center lane and ends up in the far left lane (USA) sideways with the front end facing the center lane and the rear of the vehicle 6 inches away from the concrete divider.

Driver B is a relatively safe distance from driver A before the car spins out, but it unable to avoid the stopped vehicle and clips the front end causing significant damage. Driver B is a semi truck traveling in the center lane. This state has a mandate that the semi truck must remain in the far right lane unless passing (no vehicles around) or avoiding a hazard such as construction or an accident.

Where does the fault lie? Driver A, B, or no fault due to hazardous conditions of travel?

[~AK49~]

I'm going to assume the cops would blame driver b for striking the other driver. I think 'hazardous' conditions wouldn't matter to them, in the sense that they'd just say you werent driving appropriate to the conditions of the road, and didn't give enough time/space for yourself to react to other people.

An unfortunate and ****ty circumstance, and the cops know that, but unless I'm mistaken they have to 'blame' someone for insurance purposes.

Edit: *** if I know

[Furn]

Once you spin out of control it's on you.

[[ DUBBZZ ]]

Depends on the state.

Most states adopted something called Comparative Negligence which means both parties can be partially at fault.

Vehicle A would probably be a certain percentage at fault for failing to maintain control of their vehicle and Vehicle B would be partially at fault for being bit being on their designated Lane.

I used to be a claims adjuster and that's how an insurance company would probably view it.

[BERNIE'S CORNER]

Depends on the state.

Most states adopted something called Comparative Negligence which means both parties can be partially at fault.

Vehicle A would probably be a certain percentage at fault for failing to maintain control of their vehicle and Vehicle B would be partially at fault for being bit being on their designated Lane.

I used to be a claims adjuster and that's how an insurance company would probably view it.

Thought you was a Laker.....Is this you ?

[[ DUBBZZ ]]

Thought you was a Laker.....Is this you ?

Lol!

Damn you, David Stern!!!!!

[Russian Crushin]

Both at fault or mostly B.

Its almost always the person who "hits" someone (usually with the front of their car) that is seen as at fault.

My sister actually crashed by jeep the other day in a similar scenario but instead of hitting the car she went into the forrest and hit a tree. Car is probably a total loss, has 11K+ in damages apparently

[~AK49~]

Both at fault or mostly B.

Its almost always the person who "hits" someone (usually with the front of their car) that is seen as at fault.

My sister actually crashed by jeep the other day in a similar scenario but instead of hitting the car she went into the forrest and hit a tree. Car is probably a total loss, has 11K+ in damages apparently

Does your sister claim it was the trees fault?

[Furn]

I don't know about over there but here you must drive to avoid an accident above all other rules, if your sideways in your lane it's your fault.

It's common sense surely.

[RlCKY]

Depends on the state.

Most states adopted something called Comparative Negligence which means both parties can be partially at fault.

Vehicle A would probably be a certain percentage at fault for failing to maintain control of their vehicle and Vehicle B would be partially at fault for being bit being on their designated Lane.

I used to be a claims adjuster and that's how an insurance company would probably view it.

How would driving conditions play into it? Can it be argued that the city/state/DOT didn't maintain the roads safely enough? There was no state of emergency declared so nobody was forbidden to be on the roads at the particular time.