If I was taking a friend home and trying to go through a gate on private property that hit my car, who is at fault?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was taking a friend home and trying to go through a gate on private property that hit my car, who is at fault?

No police were called. This happened a month ago.

Asked on November 7, 2012 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no way to tell from what you write. Fault in auto accidents depends on negligence, or unreasonable  carelessness: so the question then becomes, who was careless. For example, if you hit a gate because you did not wait for it to rise, you would be careless; on the other hand, if you were driving carefully and the person controlling the gate wasn't paying attention and closed it on your car, he would be at fault. It depends on the circumstances.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption