Who is at fault in my car accident? My girlfriend was pulling out of the parking lot and already into drive gear when we were hit (nearly rear-ended by another car). The other car received minor scratches while her axle was broken. I received a concussion. When police arrived they asked for statement of the other driver and not her. The police didn't do a drug test when she called to report that he might have been drinking and a witness saw him drinking. He is at fault. Did I mention he said he stopped but yet my girlfriend was no longer backing out? She was hit near the gas tank and rear wheel. So who is at fault?

Without more it's not possible to express a professional statement as to who may be at fault. The facts don't appear reliable. For instance, how is someone "nearly rear-ended"? Either you are or you aren't. Second, how does one car suffer only a scratch while the other has a broken axle? Fault is an assessment derived after careful review of all the critical facts and this description appears one-sided, slanted and lacking in detail. No opinion can be expressed.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney