How do I determine who is at fault?

UPDATED: Oct 2, 2022

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How do I determine who is at fault?

Driving along a straight road thoroughfare in a truck, I have collided mirrors with another parked truck that

was illegally parked on the verge with its side mirror hanging out onto the road with no obvious signs that it was protruding no hazards lights/cones. I have been told it’s my fault from the insurance companies but I fail to see why and what I could have done to prevent this.

Asked on September 15, 2019 under Accident Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is, we are sorry to say, your fault. The other vehicle was stationary and had no one in it to control or drive it (we presume); you were in motion and could control the path of your vehicle. You were the one who could have avoided the impact. The law presumes that if you hit a stationary vehicle or object you are at fault, because you should have seen the mirror (it is not invisible) and avoided it, and/or not driven so close to a parked car (i.e. swung wider around it on general principals).

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 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.

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