Who is at fault when you are driving through a parking lot and someone backs into you?

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I was driving through the parking lot at my school ,I do admit i was going at a faster speed than i should have been, and someone backed into my car. They said it is because they did not see me and therefore it is not their fault. I strongly disagree because if they were backing out slower then they would have seen me coming and been able to stop. Either way I beleive they are at fault or both of us are at fault. However, bottom line is she hit me!

Attorney Answer

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Paul Epstein ·
Pembroke Pines is very nice. I have friends who live there. As to your question. If you were going at a reasonable rate of speed the other driver would have been completely at fault. That is because you have the right of way in the parking lot if you are going down a lane, and a person in a space has to make sure that the lane is clear before traveling into it. The question comes down to how fast above a reasonable speed were you going. The faster you were going the more "comparative negligence" you have. That means both of you were at some fault. You have to compare the rate of negligence between you to a total of 100%.
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