You Be The Judge

Every driver at one time or another has been involved in an accident, or will get involved in one. Nobody bats .1000 in the driving department. Having gotten involved in an accident, most of us have a natural tendency to blame the other driver(s); it's rarely our fault.

But the truth is, accidents occur even when it's not your fault. On the other hand, you and your car may come out completely unscathed in an accident even though your actions were directly responsible for the accident. Sometimes there are three cars involved in an accident, two of which suffer the damage but it's the third one, with not a scratch on its body, that's responsible for the accident.

So, determining the fault in an accident requires analyzing the entire situation, considering the actions of all drivers before arriving at a conclusion. A driver may directly cause the accident or may contribute to the cause; in other words, the responsibility for the accident is shared.

Below are 13 situations taken from a DMV publication, But It Wasn't Really My Fault where the actions of a driver precipitated the accident and the actions or inactions of other drivers could have averted the accident. Study the circumstances of each situation and consider the actions of drivers involved. Then you be the judge in determining the fault.

You Be The Judge - Accident 1

Car #1 and #2 were going on a road at the legal speed limit of 55 mph. Car #1 came up behind a slow-moving tractor when he realized that he was in a no-passing zone with the solid yellow line on his side of the road. When Car #1 slammed on his brakes, he was hit from behind by Car #2.

Whose fault was it?

a) tractor o

b) Car #1 o

c) Car #2 x

Anytime there's a rear-end collision, the driver in the back is responsible for the accident. You are supposed to maintain a safe following distance that would take into account the actions of the driver being followed. A defensive driver anticipates sudden, unexpected actions of other drivers and is prepared to take evasive action.

Here Car #1 could have avoided the accident by gradually slowing down upon sighting the tractor, or he could have signaled to Car #2 to slow down by tapping on his brake pedal. A responsible driver is supposed to alert other drivers on the road of approaching dangers and other hazardous conditions that may cause a mishap.

You Be The Judge - Accident 2

Car #1 and #2 were both stopped at the intersection waiting to make left turns. When the light turned green, the driver of Car #1 motioned the driver of Car #2 to make its left turn. While in the intersection Car #2 was broadsided by Car #3 traveling in the right lane.

The driver of Car #2 suffered severe injuries to his back and knees. The driver of #3 escaped with only body damage to the vehicle.

Whose fault was it?

a) Car #1 o

b) Car #2 x

c) Car #3 o

Another almost unimpeachable rule of the road is that the driver making a left turn at an intersection must yield to the oncoming traffic. The through traffic has the right-of-way and this is true of traffic in all the lanes.

Here Car #1 had no right to direct traffic; he may have meant well in motioning Car #2 to complete his left turn, possibly to gain better view for his own left turn. Car #2 should have waited till he had a complete view of the oncoming traffic before making the left turn. He should have inched forward just enough to get the clear view of traffic in both lanes. In any case, he should not have followed directions given by the driver of Car #1.

Car #3 could have prevented the accident by slowing down while approaching the intersection because he also had no clear view of the traffic in the intersection due to the cars waiting to make left turns in the left lane. Anytime you approach an intersection, slow down, just for such an eventuality. There are just too many things happening in an intersection and you must be prepared for unexpected actions of other drivers.

You Be The Judge - Accident 3

A city bus made its scheduled stop at the bus sign to allow passengers to get on and get off. Car #1 and other traffic behind it stopped in the right lane of this four lane highway. A passenger got out of the bus and started to cross the road between the bus and Car #1. As the pedestrian was crossing the left lane, he was hit by Car #2. The skid marks measured about 100 ft. which indicated a speed of about 40 mph, legal in this zone. The pedestrian suffered numerous injuries as a result of the accident.

Whose fault was it?

a) Car #1 o

b) Car #2 o

c) pedestrian x

d) city bus o

In this situation, Car #2 had the right of way in his own lane and was proceeding at the legal speed limit. The pedestrian crossed the road in the middle of the block, and therefore was legally at fault. The driver of Car # 2 was not charged with a traffic violation.

Anytime you see a series of cars stopped in the lane next to you, always expect some unusual movement such as a pedestrian crossing the road. Car #2 should have slowed down and should have been prepared to stop just for such an eventuality. Car #1 could have indicated with a hand signal or motion to the driver of Car #2 that a pedestrian was crossing the road.

You Be The Judge - Accident 4

Car #1 and Car #2 were on the freeway onramp ready to join the freeway traffic. Car #3 was traveling in the slow lane of the freeway. The lane next to the slow lane was open. Just as Car #1 approached the end of the onramp and was getting ready to merge into the lane the driver of Car #1 realized that Car #3 was too close to him and he could not get either ahead or behind in order to merge with the traffic. So he decided to stop. The driver of Car #2 was also busy getting ready to make his entrance on the freeway, and he did not realize that the car ahead of him had made a full stop. When he saw this he slammed on his brakes, but not in time, and there was a rear-end collision between Car #1 and Car #2.

So who was at fault?

a) Car #1 o

b) Car #2 x

c) Car #3 o

The situation here is almost similar to the one we analyzed in accident #1. Whenever you have a rear-end collision with the car ahead of you, you are at fault almost all of the time. Car #1 could have avoided this accident by looking out for the freeway traffic in sufficient time, so that he could have either gone ahead of Car #3, or slowed down without stopping. Car #3 could also have avoided the accident by moving over to the lane next to the slow lane, since there was room for him to move there. Car #2 was obviously at fault, because he should have kept sufficient following distance and be aware of the actions of the driver ahead.

While traveling on freeways it is better to stay out of the merge lane, in order to avoid new cars getting on the freeway. Your driving would be much smoother in center lanes.

You Be The Judge - Accident 5

In this situation Car #1 is about to enter the freeway. Car #2 is coming off the freeway. The driver of Car #1 realizes that in order to merge in the traffic, he has to speed up ahead of Car #2. Just at that time, Car #3 traveling in the left lane of the freeway discovers that he is about to miss his exit. So he cuts across the slow lane toward the off ramp in front of Car #1. Car #1 slams on his brakes to avoid the collision, and gets rear ended by Car #2.

So who is at fault?

a) Car #1 o

b) Car #2 o

c) Car #3 x

Here the driver of Car #3 was found legally at fault for making an unsafe lane change in order to exit off the freeway. Traveling on freeways requires planning to exit in an orderly fashion. Always look for your exit sign and move over to the slow lane in time to take the exit. Cutting across freeway lanes at the last minute entails definite dangers.

The driver of Car #1 also contributed to causing the accident. The cars that are already traveling on the freeway have a right-of-way. Car #1 should have allowed Car #2 to pass before merging into the freeway traffic. The driver of Car #1 also made a second mistake of not looking to his left for any driver cutting in front of him just as it happened in this particular situation. If he had looked over his shoulder he could have seen Car #3 making the last minute move toward the exit ramp. Accidents like these often occur on freeways when the driver in the left lane and the driver in the right lane both decide to make the lane changes for the center lane at the same time.

You Be The Judge - Accident 6

Several cars were driving in a long line in an uphill portion of the road behind a slow moving truck. Car #1 attempted to pass several cars even though there was a hill ahead and the driver did not have a clear view of the oncoming traffic. Just as Car #1 was completing his pass Car #3 appeared over the hill. Car #1 now had to move back into the lane, but there was no room between the truck and Car #2. Car #2 would not slow down to let the driver in, probably to teach him a lesson. To avoid the head on collision with Car #3, Car #1 forced his way into the lane. The end result was that both cars #1 and #2 were driven off the road and suffered damage.

So who was at fault?

a) Car #1 x

b) Car #2 o

c) Car #3 o

Car #1 was legally at fault in this accident. The driver of Car #1 made several critical mistakes. He crossed the double solid center line which should have warned him that it was unsafe to pass because of the approaching hill. Anytime you don't have a clear view of approaching traffic at least one-third mile ahead, you should not leave your lane. The driver of Car #1 compounded his mistake when he tried to pass several cars at the same time. The more cars you try to pass the longer you are in the lane facing the opposite traffic. Your exposure to harm is multiplied by the number of cars you are trying to pass.

Car #2 also contributed to the accident by not allowing Car #1 to get back into the lane; he should have slowed down enough to make room for Car #1. He wanted the driver of Car #1 to learn the lesson for making the unsafe pass. However, he also ended up paying.

You Be The Judge - Accident 7

Several cars, including Car #1, were parked along the curb. Car #1 pulled away from the curb just as Car #2 was approaching at the legal speed of 45 mph. To avoid hitting Car #1, Car #2 swerved into the opposite lane where Car #3 had just completed the right turn maneuver at the intersection. There was a head on collision and drivers of both cars, #2 and #3, were seriously injured.

So who was at fault?

a) Car #1 x

b) Car #2 o

c) Car #3 o

The driver of Car #1 was legally at fault for pulling into the path of Car #2 which had the right-of-way. Whenever you pull away from the curb, you should always look for the traffic in the lane; you should look into the side view mirror and over your left shoulder and proceed only if you can make the move safely. Also, you should indicate your intention to pull out by turning the signal on. The driver of Car #2 could have avoided the accident if he had been looking at the "big picture." He was looking straight ahead and did not anticipate the actions of other drivers on the road. He should have seen that there was a driver in Car #1; he could have seen the brake lights and possibly the exhaust fume to know that something was about to happen. He ignored these signs and paid a heavy price.

Car #3 could also have been more alert in making the right turn at the intersection. He was in a position to see that Car #1 was pulling out, creating a dangerous situation. If he had slowed down, he could have avoided the head on collision.

You Be The Judge - Accident 8

Car #1 and Car #2 were both making a right turn at the intersection. After making its turn, Car #1 stopped to let out a passenger, forcing Car #2 to swerve into the left lane where it collided with Car #3, which had just made its left turn. The driver of Car #3 escaped with minor injuries, but the driver of Car #2 suffered facial injuries when he struck the windshield.

So who was at fault?

a) Car #1 o

b) Car #2 x

c) Car #3 o

In this situation, Car #2 was legally at fault for swerving into the left lane which belonged to the traffic making the left turn at the intersection. His initial mistake was to follow Car #1 too closely. If he had followed the 3-second rule, there would have been enough room for him to stop. He could also have avoided the accident by looking to his left for any traffic making the left turn.

Car #1 started the chain reaction by making a sudden stop with no warning. Stopping without warning is the most common cause of rear-end accidents. Anytime you stop in the middle of an intersection, after entering a shopping center or a parking lot, or in the middle of the road to look at a sign, or to move into a parking space you are exposing yourself to a rear-end collision by the driver following you. Always look in your rearview mirror for any traffic behind you.

Car #3 could have avoided the accident if he had anticipated the actions of Car #2. Anytime you make a left turn at an intersection, always expect the other driver to swing wide when turning right. Most drivers make a right turn at an intersection believing that they have the right-of-way.

You Be The Judge - Accident 9

Car #1 was waiting at an intersection to make a left turn. He saw Car #2 approach the intersection with his left turn signal on. Assuming that Car #2 was going to turn left, Car #1 proceeded to make his left turn. But Car #2 had different intentions; he was proceeding straight ahead. The collision left both drivers and cars in bad shape.

So who was at fault?

a) Car #1 x

b) Car #2 o

c) Car #3 o

The legal fault here belonged to Car #1 for Car #2 had the right-of-way, notwithstanding his left turn signal. This is a mistake most of us make. We assume that just because the signal is on, the driver is going to follow through. Sometimes, the driver has forgotten to turn off the indicator. Here the driver of Car #2 intended to make a left turn after the intersection into a gas station. Never take for granted the turn indicator. Wait till the driver has committed to make the turn.

Car #2 could have avoided the accident if the driver had approached the intersection with caution. Anytime you see a car waiting to make a left turn you should slow down even though you have the right-of-way.

You Be The Judge - Accident 10

Car #1 was traveling in the right lane slightly ahead of Car #2 when the driver spotted the disabled car off the road on the shoulder where the motorist was trying to change a flat tire. To avoid hitting the crouched motorist, Car #1 pulled into the left lane forcing Car #2 to take an evasive action. Car #2 hit the left curb, spun out of control and hit Car #1 on the side. Both cars ended up on the side of the road. Fortunately, no one was seriously hurt.

So who was at fault?

a) Car #1 x

b) Car #2 o

c) Car #3 o

The legal fault here lied with the driver of Car #1 for making an unsafe lane change.

The driver claimed that before making the lane change he looked in the rearview and side view mirrors and saw no cars in the left lane. However, Car #2 which was only slightly behind Car #1 was in its blind spot. The driver of Car #1 should have turned his head over his left shoulder to make sure the lane was clear for making the change.

Car #2 made the mistake of driving in Car #1's blind spot. If you find yourself in another car's blind spot, either speed up a bit or slow down. It is always dangerous to drive alongside another car; it does not leave you an escape route in the event the other driver decides to make a sudden move.

Car #3 contributed to the accident by making a tire change so close to the traffic lane. If you have to pull off the roadway for some reason, pull completely off the road as far as possible from the flow of traffic. Disabled cars, pedestrians and police officers off the road often seem to act as magnets for other drivers on the road. Many errant drivers have ploughed into these roadside distractions.

You Be The Judge - Accident 11

Car #1 traveling at 55 mph came upon a line of cars stopped by a flagman near a construction site. The driver who was lost in his thoughts did not realize that the traffic had come to a stop ahead. To avoid hitting the car, he swerved into the left lane where he was struck by an oncoming car. Both cars were totaled and the drivers and passengers suffered serious injuries.

So who was at fault?

a) Car #1 x

b) Car #2 o

Here Car #1 was entirely at fault for this accident. The driver simply was not paying attention to the traffic or the road conditions. By the time he realized he had to stop it was too late.

He also made the mistake of swerving into the opposite lane causing a head on collision. If you find yourself in such a situation, it is better to drive onto the shoulder or drive off the road; the damage might be considerably less.

You Be The Judge - Accident 12

Car #1 was approaching an intersection at about 40 mph speed. The traffic light had been red for some time and the driver of Car #1 guessed that by the time he reached the intersection the light would turn green. This way he would not have to slow down or stop.

Car #2 was also approaching the intersection on the right at the same time. The driver saw Car #3 making a left turn in front of him. So when the light turned red, Car #2 was still in the intersection and got hit on the broad side by Car #1. The driver of Car #1 was not wearing safety belts. Upon impact, he hurled into the steering wheel and the windshield and suffered massive facial injuries.

So who was at fault?

a) Car #1 x

b) Car #2 o

c) Car #3 o

The driver of Car #1 was legally at fault for this accident. He entered the intersection just as the light had turned green. He had anticipated this green light long before he had reached the intersection. Green light gives you the go-ahead, but only if it is safe to do so. Oftentimes it's not. Even after the light has turned green for you there might be other cars in the intersection which are trying to complete their turns. There may also be a driver who is trying to "beat the light" at the last second. Intersections are always hazardous because there is so much activity happening. You should look both ways and take in the whole scene before crossing.

Of course, the driver of Car #1 could have lessened his injuries if he had been wearing the seat belts.

You Be The Judge  - Accident 13

The driver of Car #1 had been driving in the right lane and had not been paying close attention to road signs. So he did not notice the sign that said "Right Lane Ends 1000 ft. Ahead." When he finally came to the end of the lane, he moved in the left lane, causing Car #2 to make a forced lane change where it collided with Car #3.

The driver of Car #1 escaped without any injuries, but drivers of Car #2 and Car #3 both suffered bodily injury plus heavy damage to their vehicles.

Whose fault was it?

a) Car #1 x

b) Car #2 o

c) Car #3 o

The driver of Car #1 was obviously at fault here. He did not pay close attention to the warning sign that his lane was about to end and he should prepare to safely merge into the left lane. When you make a lane change you must yield to the traffic that's already in the lane.

Good drivers make the habit of looking at least ten seconds ahead, which is about one city block or one quarter mile on highways. By looking ahead so far, you will be well prepared to take any action that is necessary due to traffic or road conditions.