Who’s liable if I get hit by a car while turning out of a driveway?

You and your wife just had a lovely date night downtown. You had a semi-romantic dinner at The Harlequin, and then saw a special showing of “Gone with the Wind” at Cinemark 348. The night was absolutely stress free and delightful; however, you knew that was going to change as soon as you got in the car to go home.

You absolutely hate trying to turn out of the theater’s parking lot onto Prien Lake Road. Every time you attempt it, you wind up sitting in the driveway for 10 minutes—until you can make your way into traffic. Well, not tonight. Tonight, when you see an opportunity, you’re going to take it.

Like an eagle, you trained your eyes on the line of traffic—trying to hone in on a possible break. Remarkably you found one. As the space got closer you inched out onto the road. As soon as it approached you quickly slid part way into it. You only managed part way, because as you were 3/4 of the way in to the lane, a car on Prien Lake decided to change lanes into the exact same spot, even though you were already partially in it. The following crash sent both you and your wife into your dashboard.

You manage to pick your head up to see what had happened, and noticed that both you and your wife were bleeding and she was rubbing her neck.

The driver of the other vehicle got out of his car and started screaming. Instead of attempting to get out of your car, you called 911 and decided to wait for help to arrive before trying to determine who was at fault.

Are you to blame, or is the other driver liable?

Determining Fault in Driveway Accidents

Liability and fault is the most important aspect of filing an injury claim. In order for your claim to be reviewed and taken seriously, you must be able to prove that your negligence or mistake didn’t cause the accident. Unfortunately, this can be hard to prove, especially in driveway accidents, as the other party involved will most likely try to further his claim by blaming you. However, liability is usually determined by three things: right of way, damage location, and witness statements.

  • Right of way. In most cases, the driver on the roadway will have the right of way over the driver in the driveway; however, if the driveway driver is more than halfway out of the driveway, and the roadway and the driver had ample enough time to stop or maneuver around the driveway driver, he may be considered at fault.
  • Damage locations. The secondary factor that helps determine fault is the location of the impact damage. If the driveway driver suffered most of the damage to his front or rear,  while the roadway driver suffered damage to his side, most likely the driveway driver will be at fault. The same goes for the roadway driver—if his front suffered the most damage, he obviously hit the driveway driver—however, depending on who had the right of way, the damage location may not matter.
  • Witness statements. Another determining factor is the witness statements. Many times, both drivers have different opinions or recollections of what truly happened. Witness statements can be extremely helpful in discovering the truth behind the collision and who is to blame.

The Other Driver Is at Fault. Now What?

Once you have determined who is at fault, you can then file an injury claim for compensation. This process can be extremely frustrating, confusing, and drawn out when pursuing it alone. Thankfully, you don’t have to go through it by yourself. If you’ve recently been injured in a driveway accident, contact us today for a free consultation and review of your case.

We know how ruthless insurance companies can be—especially to those who don’t know their full rights and responsibilities. We also know how to beat them at their own game. Let us fight for you, and we’ll show you how our experience, dedication, and know-how can help you and your family get the damages you need and the justice you deserve. Call now!

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What can cause a car fire?

What can cause a car fire?

It all happened so fast—you barely understood what happened. You remember getting into your car, waving good bye to your parents, and switching on the ignition. As you began to pull out of the driveway, you thought you saw a spark and smelled smoke, so you put the car in park. All of a sudden, your 65-year-old father came running to the driver’s side door, flung it open, and helped you out. As you looked back at the car—the hood was engulfed in flames.

Your mother called the fire department, but by the time they arrived, the entire car was burnt beyond all recognition.

What could have happened? How exactly did your car become an incendiary device in less than 30 seconds?

What Can Cause Your Car to Go up in Smoke?

A recent study on U.S. Vehicle Fire Trends and Patterns, performed by the National Fire Protection Association, illustrates alarming trends in vehicular fires throughout the nation. According to their findings, 93 percent of reported vehicle fires and 92 percent of vehicle fire deaths involved vehicles such as cars, trucks, buses, recreational vehicles, and motorcycles. Further investigations suggest that approximately 500 civilian deaths, 1,500 civilians injuries, and over $1 billion worth of direct property damage is inflicted each year, all as a result of three distinct factors.

These common causes of vehicular fires include: malfunctions, collisions and arson.

Mechanical and Electrical Malfunctions

Nearly 75 percent of all vehicle fires result from a mechanical or electrical glitch. Considering how today’s vehicles include many electrical gadgets—radios, seat warmers, sun roofs, etc.—it may not be a surprise that malfunctions occasionally occur. However, an unfortunate by-product of malfunctioning equipment is fire. If a single wire, or mechanical device becomes damaged, it could create a spark which affects everything around it. These affects could then potentially ignite upholstery, fumes, gasoline, and other flammable items—creating a fuel powered bonfire.


Roughly 17 percent of roadway fires and 58 percent of car fire fatalities are results of auto collisions. These types of fires occur when sparks caused by scraping metal and severed wires, ignite flammable liquids such as gasoline and oil, and combustible fumes from crushed, punctured, or weak gasoline tanks. Likewise, oil vapors are specifically designed to ignite with the help of your engine’s spark plugs. If that ignition isn’t controlled, or too much vapor is expelled, an explosion could result causing a massive fire.


The remaining eight percent of vehicle fires were found to have been intentionally started by outside forces.

Getting the Help You Deserve When Someone Else Burns You

Treatment and care for car accident and burn injuries can be extremely extensive and costly. We don’t believe that you should have to pay for someone else’s mistakes, and you shouldn’t either. Call us today for a free consultation and review of your injury case. Insurance companies lowball clients all the time—but you could be entitled to much more. Unfortunately, you may never know how much more unless you get the best information from an experienced car accident attorney. You owe it to yourself to call, and we owe it to you to listen and fight for your best interests.

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