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LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 37855
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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In the state of Georgia, If someone is backing out of their

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In the state of Georgia, If someone is backing out of their driveway and contact is made with oncoming traffic at a rate of less than 5mph who is considered at fault?

Good afternoon from southeast Georgia,

I'm Doug, and I'm sorry to hear of the confusion, John. My goal is to provide you with excellent service today.

The speed of contact between 2 vehicles is never an issue in who is liable for an accident as between a person exiting from private property onto a public roadway.

Under GA law, a person driving from private property onto a public roadway must yield the right of way to anyone already on the public road.

In the situation you describe, the person backing would be responsible for the accident under GA law, and court be cited for both failure to yield and for improper backing.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I understand that you may be disappointed by the Answer you received, if it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I wish you the best in your future.

Doug

 

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Customer: replied 3 years ago.

I actually found your answer encouraging. What if the person backing out of the driveway who is partially in the driveway and partially out of the driveway


claims to be stopped?

Hi John,

If they are stopped partially in the roadway they are blocking the flow of traffic and still not abiding by the law. They have a legal obligation not to come onto the roadway until it is safe to do so---and it is not safe if there is other traffic approaching so close that an accident might occur. Same thing with opening a car door into traffic and causing an accident. Liability is on the party interfering with the land of travel.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 3 years ago.

If no police report is filed and the 2 parties share the same insurance company how will the insurance company choose to resolve this matter?

Hi John,

You have asked a new question now when you ask about how the insurance company will handle the claim. As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely XXXXX XXXXX any inconvenience this might cause you.

However, the insurance company will apply GA law and find the other party at fault---just as the law requires.

 

 

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

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Thanks again.

Doug

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Doug