Is It Your Fault if Someone Pulls Out in Front of You, Causing an Accident?

You’re driving along when suddenly a driver pulls out of a parking spot or side street into your path, leaving you no time to stop before crashing into you.

As you exchange insurance information after the crash, a sinking feeling sets in that you may share some blame despite their negligent driving.

So is it your fault, even partly, if another driver pulls out in front of you and an accident occurs? Let’s dig into how fault gets determined in these “pullout wreck” situations.

Police Assess Traffic Violations and Right-of-Way Factors

At the accident scene, officers will determine fault based on traffic laws and their investigation of the specifics.

They will consider factors like:

• Which driver had the right-of-way when entering the intersection
• If any visual obstructions prevented the vehicles from seeing one another
• If either vehicle was speeding or distracted
• Any sign or signal violations

Essentially – could both parties have reasonably prevented the collision? Or was one predominantly at fault for ignoring laws?

The Driver Who Pulled Out Often Retains Major Liability

The driver pulling out into traffic bears more responsibility to properly yield to oncoming cars before pulling forward.

So unless you were speeding a lot or very distracted, the officer would likely give the pullout driver a citation for improper driving.

But if things like fences or sun glare blocked visibility considerably, you may get some blame, too, for not slowing down enough to be able to brake quickly if needed. The exact location and conditions matter when determining shared fault.

Insurers Can Dispute Police Findings of Full Fault

After an accident, insurance companies often want to reduce what they pay out. They might claim you should share some fault using reasons like you weren’t defending driving proactively enough. Even if police reports put more blame on the driver who pulled out.

However, an experienced attorney can argue against unreasonable claims by the insurance company, using state laws and evidence from the collision. Eyewitness statements also provide key support to fight any accusations you should have avoided the crash somehow.

How Shared Fault Impacts Your Accident Compensation in Florida

Modified comparative negligence rules in Florida determine your ability to seek financial compensation for your accident if found partially at fault.

If deemed over 50% responsible for causing the crash that injured you, Florida bars collecting any accident compensation. However, if 50% or less at fault based on official rulings, you can still pursue reduced compensation aligned to your percentage of blame.

So, for example, if jurors assign you 30% liability in the car accident, your total claim value gets reduced by that percentage before payment. This means accepting any shred of fault, even unintentionally, can substantially limit financial recovery following a serious accident with injuries and vehicle damage in Florida.

Our attorneys may be able to get the liability decision fully put back on the other driver. We can argue that the other driver’s actions violating your right-of-way were the main cause of the accident, not your driving. So, consult our attorneys before just accepting an insurer’s decision that you share some fault. Having less or no fault assigned to you allows larger compensation if you were injured or had vehicle damage.

Our Lawyers Can Challenge Unfair Rulings Successfully

If another driver caused an accident by pulling into your lane, don’t sit back and accept fault. Our car accident lawyers at Purely Legal can get insurers to evaluate fairly based on the law.

If we must go to court, our experienced litigators will still fight for justice for you. We work to fully assign responsibility to reckless drivers, not letting insurance companies off the hook.
Let us protect you if another motorist ever jeopardizes your safety through negligence. Contact us today for a FREE case evaluation.