-> I'm one of the few folks I know, who has been rear-ended and been 
-> counted 'at fault'.  Fact was, I was changing lanes.  The fellow was 
-> behind me, saw my turn
-> signal, swung into the lane I was changing into, and sped up trying 
-> to get ahead of me.  Had I seen him, I could have avoided it by 
-> swerving back into my origional lane.
-> No proof though that I didnt just 'change infront of him and not 
-> leave room for
-> him to stop' so it went on my insurance, not his.  Judge wiped the 
-> driving record clean though as it's only the second ticket I've ever 
-> had in over 20 years of driving.  (The first was parking overtime at 
-> church when I was 17, 21 years ago).                                       
 
-> xxcarol
Here, there's a term in law "legally standing" that applies to vehicles
stopped in a line, say at a signal.  If you're stopped at a red light,
you're legally standing and if struck, cannot be found at fault unless
mitigating circumstances are present.  If in motion and your struck,
then there's a different scenario since your not legally standing.
We got backed into in a parking lot, and I had to go to court to get the
individuals parents who hit us to pay for the damage.  The driver (son)
claimed we hit him, in spite of two witnesses and neither the owner of
the car nor the insurance company would pay for the damage.
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