Simple liability question in this hypothetical accident scenario, who is at fault?

Simple liability question in this hypothetical accident scenario, who is at fault?
I’ve always wondered when stopped at a traffic light, what happens if you go a little or even a lot over the white line and cars are turning your way? Let’s say one of those cars hits you because you were over the white line and they weren’t really expecting you to be so far up, who is at fault?

Secondly, when someone smashes into the back of a car that let’s say has a brake light out or a turn signal. Is it ever a valid defense when an individual has failed to properly maintain their cars light bulbs and someone claims that’s the reason they hit them, could this ever be a valid defense?

These are two scenario’s I’ve always been unsure on who would be at fault, could you help me understand?

Forensically I know you can look at the filament of a bulb in a car to see if it was actually on or not during the accident, does this practice have an effect on liability?
Best Answer:
scenario 1. possibly both. to start with you should not be over the line however this happens and if you hadn’t had the opportunity to go back a bit then you need to take some of the blame however having said that the car turning should have had time between when you stopped and they were allowed to go to assess the situation and know that they did not have enough room to get through and taken all necessary steps to avoid a collision so to my mind they could be more to blame. hard to tell and if insurance was involved i guess they would say 50 50 – the same may apply with the police.

S2. if you were both moving then the car from the back is at fault because they should be travelling at least 1 cars length behind you (ie 1 car between your back bumper and their front) the fact that you have 1 light out should not make all that difference because one would have been working. the only thing would be if it was a very dark night and they thought you were a motorbike but i don’t see that that makes a difference personally i often wonder how the heck you work out that a globe is gone particularly if you live alone unless you have someone with you to check your lights such as they put their foot on the brake or you do and the other looks to see if they are both working or someone tells you. i had one out once and the only way i found out was when the police pulled me over to inform me – no fine or anything, just making me aware of the fact and telling me to get it fixed. they probably made a note of it and if a few days later it had not been fixed i probably would have been fined.

interesting question. why not think about asking at your local police station.

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