How do I determine who is at fault?
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How do I determine who is at fault?
Driving along a straight road thoroughfare in a truck, I have collided mirrors with another parked truck that
was illegally parked on the verge with its side mirror hanging out onto the road with no obvious signs that it was protruding no hazards lights/cones. I have been told it’s my fault from the insurance companies but I fail to see why and what I could have done to prevent this.
Asked on September 15, 2019 under Accident Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is, we are sorry to say, your fault. The other vehicle was stationary and had no one in it to control or drive it (we presume); you were in motion and could control the path of your vehicle. You were the one who could have avoided the impact. The law presumes that if you hit a stationary vehicle or object you are at fault, because you should have seen the mirror (it is not invisible) and avoided it, and/or not driven so close to a parked car (i.e. swung wider around it on general principals).
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