Anonymous
Anonymous asked in Cars & TransportationInsurance & Registration · 10 months ago

I hit a car backing up, but is the other driver partly at fault for pulling over in driveway? ?

I was getting into my car and I know there wasn’t anyone behind me for sure. Once I was in and backing up, I didn’t see there was suddenly a car that had pulled over. I hit the car and left a small dent. I just want to know that while yes it was my fault for not looking properly and seeing it, is it also the other drivers fault for having pulled over where someone could potentially back up? As well as blocking me and another car right next to me? (This was in the apartments driveway where I live) He also didn’t have his emergency lights on and I’m assuming he was on his phone or just distracted bc he didn’t move at all either. 

Update:

Guess I have to mention that I was looking back while backing up slowly 🙄Didn’t want to go too into detail but y’all are getting more hurt than the guy I hit😭its no excuse but it had been heavily raining, the back window was fogged up & drenched w water, so were the side mirrors. he blended in w the background, don’t even ask how it just did. This is the first time I ever got in some incident w the car, I was freaking out. Had this question in mind is all

Update 2:

Also we resolved it without ANY insults thrown 🤷🏽‍♀️ I see why you guys thought I wasn’t looking while backing up, didnt word it properly but I WAS. No one was hurt, that’s what matters. 

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16 Answers

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  • 10 months ago

    No, the other driver is not partially at fault.  You were backing up, which means you had no right of way over anyone else at any time.  End of debate.

    While the rules can and do vary by jurisdiction, two rules are always the same every time.  Rule #1: If an accident happens while one vehicle is leaving any kind of parked position, it's the parked vehicle's fault no matter what.  Rule #2:  If an accident happens while one of the vehicles is backing up, it's the backer-upper's fault every time no matter what.

    Your vehicle was doing both when your accident happened.  Just guess how this is going to go.

  • Anonymous
    10 months ago

    We weren't there so you HAVE TO GO INTO DETAIL. It can make ALL THE DIFFERENCE. Either FOR U or AGAINST U.

    Now this is EXACTLY LIKE COURT.

    This is how Lawyers take you apart and spit you out.

    So, "it had been raining heavily"  Was it still raining or were your windows just fogged up? Before you stepped into the car the driveway was clear.    You had ample time to wipe the major fog from the window so you could sort of see out of it AND YET YOU DID NOT DO THAT?.. you were essentially driving blind. and slowly backing out of the driveway which is what  3 car lengths long.  So that took you maybe another 8 seconds. to reach the end of the driveway.

    .  There is no case for SUDDENLY.

      A double wide driveway which looks like a clearing for a car on the road or a safe spot to answer the phone.  So the road driver felt he was kind of safe and still visible to cars wanting to back out of the driveway.  He is behind the pickup truck so essential in a parking stall so the need for Hazard lights are not necessary.  Not that you would see them because the lights point forward and to the rear(not sideways)  That is the only way you could have seen flashing lights but you were fawking BLIND.  You failed to mention the time of day bright morning  or dusk.  That also makes a difference.  In the morning or middle of a bright day, lights do not show up for any reason. especially through fogged up windows.   

    . Now if you remember your driver's training manual.  It is the person who is operating the moving vehicle that is responsible for where it goes and what it hits.   Stationary objects do not hit anything.  Only moving objects do the dirty deed.

    Why is it that you did not see out your side view mirrors?  Fawking blind or what?  They are not there for ornamentation.

    When in doubt, you stop the car and get out and have a clear look behind you and then get in and move some more.  Truck drivers do this all the time to park 50 foot trailers. Check the rear and use the side view mirrors.  They do this 24/7/365 without a problem.

    Yes, the car color matters and it is hard to see grey on grey even when you get out and eye ball it.

    Yes, the driver erred in parking blocking off a driveway.

    I am seeing a few lawsuits here.  One we can sue the automobile manufacturer's for not mounting side hazard light on all their vehicles...that is every manufacturer that dares make cars.

    We can sue the paint company for paint the car that color,

    We can sue the car manufacturers for not having rear window defoggers.

    Now we CAN do all that provided you got a Billion dollars to spend on Lawyer fees.

    Or you can admit that you were Mostly at fault for moving when you can't see.   The other driver also gets a slap on the wrist for parking in front of your driveway.  But you dinged him and that is enough of a slap.

    Fortunately the guy did not have a 357 Magnum and blast your head clean off...for interrupting his call with the president.   If you can't type, don't ask questions you could have already answered yourself by common sense.

    No pity party from the peanut gallery.

    We are a tough bunch.

  • 10 months ago

    You were backing up and weather conditions made it where you could not see.  So it was 100% your fault.  No insult intended, just notify your insurance so they will cover the damage you did.

  • zipper
    Lv 6
    10 months ago

    NO! It is all you, what would of happened if a child walked behind you?  ONE DIED KID: RIGHT!  IDIOT!

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  • May
    Lv 6
    10 months ago

    The other driver is NOT liable.  Anytime that you are backing up and you hit something or someone, you will be held liable by the involved insurance companies.  It doesn't matter that he may have been parked where he shouldn't have been parked.  You will still be held LIABLE !

  • 10 months ago

    You sound like a nutcase. ALL cars in a parking lot are "situated where someone could potentially back up" into them. You failed to look when you backed up. You are 110% responsible. Next time, open your eyes and LOOK where you are going.

  • Anton
    Lv 6
    10 months ago

    It is 100% you fault.

    Any idiot that cannot see a car behind them should not be driving.

  • 10 months ago

    Since you admit that you didn't bother to look from the minute you got in your car and started backing up you are 100% at fault.  WTF!    What are you looking at when backing up, if you aren't looking behind you!

    Thank goodness there weren't people on the sidewalk!!!

    Had your story been different... like you were in the middle of backing up and they stopped suddenly and I couldn't stop in time = then you would have a case. 

  • 10 months ago

    This happened to my daughter in the parking lot of a bank and yes, the other driver that pulled over and stopped in the lane that people drive in and behind parked cars that could potentially backup was considered partially at fault.

  • Anonymous
    10 months ago

    Your fault 100%.  Your responsibility when backing up is to look behind you CONTINUOUSLY.

    Your argument is along the lines of saying the pedestrian you hit in a crosswalk is really at fault because if the pedestrian hadn't been in the crosswalk, you wouldn't have hit them.

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