If we wre puching a car that ran out of gas and our car was hit, who’s at fault?

UPDATED: Oct 2, 2022

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If we wre puching a car that ran out of gas and our car was hit, who’s at fault?

Our vehicle ran out of gas. We were pushing the truck into the gas station but it started rolling back and a vehicle swerved around us and clipped us on the driver’s door. It also messed her door up and ours. Who is at fault in that situation?

Asked on August 12, 2019 under Accident Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You were at fault, based on what you write: if the car started "rolling back" you lost control of it and had it moving the wrong way for its lane--that alone would put you at fault, as would the fact that pushing a gas-less car on the road is inherently a somewhat dangerous (i.e. negligent or careless) act, since the car is not moving at the proper speed and cannot be turned, stopped, etc. as readily as if it were under power. The road is for vehicles under power, not ones being pushed by people.

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