Who is at fault if someone hits us while we are trying to get off the road? 20 Answers as of November 22, 2011

Your best bet is for the passenger (you) to sue both drivers. I am assuming you were injured.

It sounds like the other car was at fault.

It is always important to call the police in order to assess "fault". You don't give enough information to provide a clear answer. Who had the right of way? Cars don't come out of nowhere; they come out of somewhere.

Your answer depends on where the other car came from. If it was properly in the left lane and your friend cut him off, your friend is a fault. If the other person was speeding or driving negligently and your friend had no reason to see him the other person will be at fault.

It's a coin-toss. Your friend had an obligation to make sure the roadway was clear before changing lanes and the car behind you has a heightened duty of care when overtaking. You say your friend was "freaking-out." My assumption is that your friend was concerned with fuel, being lost, and oncoming traffic and simply forgot to check his mirror, thereby inadvertently pulling into the path of the car attempting to pass.

This may be a situation where there is joint responsibility. If he was passing illegally, he is primarily at fault.

Might be a little fault on both parties.

If you friend had properly signaled that he was making a left turn, and assuming it is legal to make a left turn where the accident happended, the other car should not have passed on the left and is most at fault.

You should consult with an accident attorney for specific legal advice. The facts you stated are insufficient to assess liability. Did both drivers carry liability insurance at the time of the accident? If so, the insurance companies should covere the damages.

In these types of scenarios, both sides can argue that it is the other's fault. If he turned on his blinker, I would say it is the other driver's fault. Although, this might depend on how long the blinker was on before he pulled over. If he slowed down for no apparent reason, then at the last minute turned on his blinker just as he turned left, one could argue that he was negligent in failing to properly signal the turn. Naturally, if you come up behind a vehicle that is slowing down for no apparent reason, you will tend to pass the vehicle. If the vehicle decides to turn left with no warning as you are passing, then that vehicle would probably be at fault.