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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.

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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.

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I wish you the best in 2013,


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.



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