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Who is at fault in the following situation?

by April

In a Kentucky car accident involving a car and a SUV, where both parties are going the same direction.

The SUV is in front and has been driving far below the speed limit, and then the driver puts his arm out the window and waves it. The driver of the car sees the driver of the SUV waving his arm and thinks that the SUV driver is waving the car to go around him, and assumes that the SUV driver may be having car troubles due to the excessively slow speed at which the SUV has been traveling.

The driver of the car moves into the other lane to pass the SUV and at the same time the SUV attempts to make a left turn, hitting the front of the car and pushing the car into a ditch and under a barbed wire fence. The SUV is barely damaged, but the entire front passenger side of the car is demolished from the front wheel onward and the driver's side is scratched up because of the barb wired fence.

The driver of the car suffers a sprained finger, but there are no other injuries. The SUV driver admits that his left turn signal isn't working, but the crash happens on a section of road with a double yellow line.

Who is at fault?


Hello April,

This is one of those accidents that need a very serious investigation. Why did they make the left? Was this intentional? If the accident was intentional (a set up), then the SUV will be at fault, however, the problem is to prove that.

If there is no intent, then was this a two lane road or a four lane road. Was the car legally passing? If there is a solid yellow on the road and the car is passing there, then the car (the driver of the car) can be liable as this is an improper lane change.

An investigation must be done to determine this. For more information about fault, please see:

Good Luck,

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