Macon, GA – A crash occurred over the weekend involving a GMC and a tractor-trailer, which left two people in critical condition. According to the Sheriff’s office, the GMC was traveling on a public roadway when it crashed with a tractor-trailer that was pulling out of a driveway.
Accidents that involve a vehicle pulling out of a driveway and colliding with a vehicle on a public roadway happen often. The question is, who’s at fault? Is it the driver pulling out of the driveway or the driver traveling down the road? The answer may not always be as clear as you’d think.
The Driver pulling out of the Driveway
Typically, a person pulling out of their driveway does not have the right-of-way and must yield to other drivers traveling down the road. They have a duty to look around and make sure their surroundings are clear before safely pulling out onto a roadway. Usually, accidents such as these are the fault of the driver pulling out of the driveway, not the person traveling down the road.
The Driver Hit by a Vehicle Leaving Their Driveway
In most cases, a person traveling down a public roadway does have the right-of-way. However, they also have a duty to follow the rules of the road, such as following the posted speed limits and obeying the law. Likewise, they must consider all other circumstances around them, such as trees, bushes, the crest of a hill, weather conditions, etc., and adjust their speed and driving accordingly. Generally, when a person traveling down the road is driving safely and following the rules then they are usually not at fault if they are hit by someone backing out of a driveway.
Driveway vs Roadway: The Question of Fault
There are situations when determining who is at fault may not be so cut and dry. Just because a person driving down the road has the right-of-way; it doesn’t always mean they are exempt from fault. If the driver on the roadway is engaged in activity that endangers those around them (i.e., racing with another vehicle, reckless driving, speeding, driving under the influence, texting, etc.) then they may be assigned partial or full blame for the accident.
Get Legal Help in Georgia
If you’ve been injured in a driveway pull-out accident, then we suggest you contact an experienced personal injury attorney who can investigate the accident to determine who was at fault. It is important to contact an attorney as soon as possible to make sure evidence is preserved and you don’t miss any deadlines, such as a statute of limitations.
If you or a loved one has been injured in an auto wreck involving a rear-backing vehicle, then Gautreaux Law is here to help. Their personal injury attorneys have experience handling complex pull-out cases in Georgia. We represent victims of car and truck accidents to ensure you receive full and fair compensation. 478-238-9758 or 888-876-6935.