I could have sworn since i was reversing already, they had to yield to me. but they didnt stop and hit me. now i am getting the notice that i failed to yield the right of way.
Where you are exiting a driveway onto a roadway you have the duty to yield the right of way to oncoming traffic. That being said, that does not mean that all fault is on you. Speak with a local personal injury attorney to discuss it further.
I wish you the best of luck.
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Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
It depends (sorry for the hedgy answer). A lot will depend on the configuration of the street, the speed of the truck that hit you, how long you had been in the process of backing into the driveway, local ordinances, witness testimony. Is there a police report? Was anyone injured?
If a claim is made against you, then you need to turn the claim over to your insurance carrier. If you were injured then you need to speak with an attorney experienced in handling personal injury matters.
In California, we have "comparative negligence." Here's an explanation quoted from Farlex Free Dictionary: "a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. For a simple example, Eddie Leadfoot, the driver of one automobile is speeding and Rudy Airhead, the driver of an oncoming car has failed to signal and starts to turn left, incorrectly judging Leadfoot's speed. A crash ensues in which Airhead is hurt. Airhead's damage recovery will be reduced by the percentage his failure to judge Leadfoot's speed contributed to or caused the accident. Most cases are not as simple, and the formulas to figure out, attribute, and compare negligence often make assessment of damages problematical and difficult, if not downright subjective." Link below
I hope this helps clarify or at least leads you in the right direction. Please feel free to call me if you'd like to discuss this further. Consultations are free.
It is hard to say from the facts you have given. Were you in the street and backing in? Why didn't you go in head first? The other driver may partially at fault. It depends on time and distance.
