Traffic Law Question

jhjacobs

jhjacobs

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Yesterday my wife was driving her Murano and entering the highway on a dual lane ramp. She was in the right lane and there was a car ahead of her in the left lane. It was raining and the car in the left lane lost control and spun sideways across both lanes and she couldn't stop in time and skidded into him. No one was hurt and the damage to her car was minor but probably still a few $K. She got all the info and even took pictures but she didn't call the police to get a report. It would seem to me that the other driver could be cited for both reckless driving and maybe even illegal lane change but at the same time, she hit him from behind.

Does anyone know what the Maryland (or any state) law would say in regard to who is at fault? We have already filed a claim against him but we both share State Farm insurance. I am sure it will get sorted out but I just don't know what to make of the liability question. It's a bummer since the Murano is only a few months old. :(
 
In California the driver that rear ended would be at fault and the reasoning would be that the driver was too close to the other vehicle and should have maintained a safer distance based on road and weather conditions.
 
That was my initial thought - the golden rule ... you hit someone behind and it is your fault. However, is this still true when the drivers are initially travelling in different lanes? It is somewhat akin to cars moving in traffic and the "forward" car changes lanes into another car. I don't think their is any following distance requirement in this case and the car travelling in it's lane should have the right of way?!. The guy obviously didn't signal his intentions to change lanes either; not sure how to signal that you intend to spin out... :oops: This case is confusing to me.
 
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