Legal Question in Personal Injury in West Virginia
Who is at fault?
There are three vehicles involved in an accident. A S-10, a Mustang, and a Jeep Cheerokee. The S-10 goes to pull out onto the main road, but stalls. The truck begins to roll backwards quickly and the driver jumps out to try to stop the truck (don't ask me why). The driver of the Mustang is aware of this and puts the vehicle in reverse and backs up. However there was a Jeep Cherokee that the driver was unaware of. So the Mustang hits the Cherokee and does 2,000 dollars damage to the Cherokee and 1,000 dollars damage to the Mustang. The driver of the S-10 gets out and yells at the driver of the Mustang that it was not his fault. The driver of the S-10 later gives false testimony to the police officer that was on the scene. Is the driver of the S-10 liable, or is it the Mustang's fault?
2 Answers from Attorneys
Re: Who is at fault?
If I had to pick, I'd go for the mustang driver as
as primary at fault party, although there's certainly
enough fault to go around. What level of damage was the Mustang
driver trying to avoid, i.e., was his life in danger or only his property?
Jay K. Nixon
Harvey & Nixon, Ltd.
P.O.B. 1555, 333 Main St
Re: Who is at fault?
I'm licensed in Tennessee, and not Washington, so my answer is based on general principles only and you may want to talk with a local attorney, but, with that said, it sounds like you and the driver of the S10 are BOTH at fault, and the degree to which each is at fault would need to be sorted out by a judge or jury if you two can not agree on things.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
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