humble-hare-6951d ago

Pulled out of a strip mall and got hit — how split do you think fault really is?

So this happened about two weeks ago and I'm still going back and forth in my head about how much of this was on me.

I was leaving a strip mall parking lot, trying to nose out onto a fairly busy four-lane road. There's a huge delivery truck that parks in the fire lane constantly and it basically creates a wall — you literally cannot see oncoming traffic until you're already halfway into the lane. I crept out super slowly, kept checking left and right, thought I had a gap, and started to go.

Out of nowhere a car comes flying and clips my front passenger corner pretty good. The damage to my car is significant. The other driver was going noticeably faster than the posted limit — I could tell just from how fast he appeared once I could actually see him.

Here's the thing: there were skid marks after the fact, but they were SHORT. Like he barely even tried to brake before impact. A friend who was with me said the guy had earbuds in when he got out of the car.

I know pulling out of a parking lot technically puts some fault on me. I'm not trying to dodge that. But I really feel like if he'd been doing the speed limit and paying attention, he either would've missed me or at least slowed it down a lot.

My insurance is already trying to pin most of it on me and I just feel like that's not the full picture. Has anyone dealt with a split-fault situation like this? How did it shake out for you?

8 replies

Most helpful first

curious-owl-7481d ago
I dealt with almost this exact thing pulling out of a gym parking lot. The sight line was garbage because of a landscaping berm, and the other driver was definitely speeding. My insurance initially put like 80% on me, which felt insane. I pushed back, got an independent estimate of the other driver's speed based on the damage, and they revised it. Don't just accept the first split they give you — it's not set in stone.
silent-owl-2761d ago
Your insurer assigning most of the fault to you this quickly is a red flag. They do this because it's easier and cheaper for THEM. The other driver's speed and possible distraction are legitimate factors that should reduce your share. Don't let them close this out fast without a fight.
clear-tern-1091d ago
Honestly, as someone who used to work on the other side of these claims — short skid marks are actually meaningful evidence. It suggests he either reacted late or didn't react much at all. When I was adjusting, that kind of detail could absolutely move the fault percentage. Make sure that gets documented in the police report or at least in photos you take yourself. Also, if your friend witnessed the earbuds, write that down somewhere with a date stamp right now while it's fresh.
curious-stoat-9251d ago
Not legal advice, but comparative negligence works differently depending on your state — some states reduce your recovery proportionally, others cut you off entirely if you're over a certain percentage at fault. The obstruction to your sightline (that delivery truck) and the other driver's apparent speed and inattention are all things worth raising. Talking to a PI attorney for a free consult wouldn't hurt just to understand what factors apply where you live.
sharp-raven-6681d ago
A few things worth doing right now if you haven't: get a copy of the police report and read it carefully, because sometimes responding officers note things like estimated speed or driver behavior. Also see if that strip mall has exterior security cameras — that footage gets overwritten fast, sometimes within days. A written request to the property manager asking them to preserve it can go a long way.
spry-swift-3891d ago
Please make sure you've been seen by a doctor even if you feel okay. Adrenaline masks a lot right after an impact and soft tissue stuff like whiplash can sneak up on you 48-72 hours later. I've seen people brush off 'minor' accidents and then be in real pain a week out with no medical record to back them up. Go get checked.
curious-crow-4151d ago
You'll carry some fault — that's just how pulling out of a lot onto a main road works legally. But 'some' is very different from 'most.' The speed and the distraction piece matter. Stop talking to the other driver's insurance without understanding your rights first.
cool-elk-4711d ago
How fast do you think he was actually going, realistically? And was there a posted speed limit sign nearby? I ask because 'he seemed fast' is hard to prove without something concrete, and if it ends up being closer to the speed limit than you remember, that part of your argument gets weaker. Not saying you're wrong — just want you to go in with realistic expectations.