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Who's at fault? The car backing out or the car in passing?
Anonymous3 views4 answers
My son was backing out of a parking space this morning and he hit (or was hit by) a vehicle in passing. My son's driver side bumper and the other driver's front passenger fender are where the impact occurred. The other driver was passing by a friend who was standing outside. I feel that due to where the impact was, my son was at least 1/2 way out of the parking space and am a little confused as to who would be at fault.
Under the CA Vehicle Code, the driver of a vehicle entering the roadway must yield to traffic so close as to constitute a hazard. But, if the roadway is clear, the party entering the road has a right to enter, and any other traffic oncoming must then yield. So the answer to the question becomes a matter of timing. Also, if tyour son is backing out, he has a right to assume the proper driving of the other car. This means that if your son maybe saw the other car, but it seemed far enough away so as to NOT be a hazard, he might have the right to enter the roadway, such that if the other driver was going too fast, he might be liable. Again, it's a matter of timinig and circumstances. You may want to have a lawyer take a look at the police report to assess these factors.
Disclaimer- The information you obtain at our web-site or through email inquiries and postings such as this are not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
It is always very difficult to assess fault based on a limited factual explanations. Fault is very fact intensive and depends on many things. Generally, however, the person who is making a specific maneuver and/or is entering into the path of vehicles going straight and who have the right of way must make sure that such a maneuver can be made in safety and without causing a collision.
Your son was making such a maneuver. It is possible that the other car was being operated at an excessive rate of speed and so he may have to bear some percentage of fault as well.
Not a definite answer but based on the amount of information I have that is the best I can do!
I hope this helps-
Nima Taradji
http://personalinjuryattorneyz.com
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
I agree with the other attorney responding. I would like to add that it seems that both vehicles are at fault. Is not always 100% at fault for one party. Good luck.
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