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Completely my fault? Can the owner be sued.

by Jamie
(Pickens, SC)

First of all, I live in South Carolina and all of this happened there. A friend of mine shows up at my house and tells me his car is broke down just up the street and in a mans driveway. Its a wide paved driveway with prob. 200 feet of road access, almost like a mini parking lot.

The owner of the driveway is asking that the car be moved and there is an empty parking lot just down the hill from his driveway. I go and take my pickup truck to hook up to his car (with a dolly) to move it down the hill. Because of the angle of his car and the fact that it couldn't be moved I backed my truck up to his, but the driver side front corner of my truck was directly above the white line. While hooking up to the truck a lady hit the front corner of my truck.

The time of day was dusk. My lights were on as well as my four way flashers, but due to the angle of my truck compared to the road you could not have seen the flashers except the front corner one that she hit. I had a flagman standing in the road using a cell phone flashlight feature to catch peoples attention and many many people had already seen us and slowed down.

We were over the crest of a hill and about 300 yards down the other side. Speed limit is 45.

This particular lady seemed to be doing the speed limit or perhaps a little more and almost ran over the flagman. He literally dove out of the way when he saw that she did not see him standing there. Neither she or her husband were seriously injured but her car had to be towed as well as mine.

I agree that this is partially my fault for being at the white line, but does a flag man and my four way flashers not remove some of my fault? The officer at the scene put me down as at fault, but was really quick and seemed not to care what happened.

Now for the real reason I am asking this question: My father was the one who actually owned the truck, but had given it to me and I had put my own insurance on it. After two years she has filled a civil suit against my father (the legal owner of the truck) I am assuming that she lost the fight with my insurance company and now is seeking damages from him.

Is he legally responsible for any damages from a vehicle he owned being operated and insured by me?

Answer to Completely my fault? Can the owner be sued?

Well, can the owner be sued? He did. Can they be successful? This is a far harder question. The vehicle owner did not cause the accident. There is no negligence on the vehicle owner that you describe. If there is any negligence on the vehicle owner, then that negligence can attach to him. The driver, if anyone, is the one who put the truck out.

You do want to have the insurance company on this. They will provide a defense and a lawyer, if necessary. If there was coverage for the loss, then coverage show apply to all issues regarding the covered accident.

Good Luck,

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