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OT- Drivers Ed. - Who would be found at fault in the following scenario ?

Milacron

Milacron

Administrator
Staff member
Joined
Dec 15, 2000
Location
SC, USA
Large parking lot of typical big box store....I'm slowly backing out of a space, looking all ways (good visibility...Jeep Wrangler) and suddenly someone honks their horn as they speed by my rear end. No collision, all is well...but from my perspective if there was, it was because the car came out of nowhere due to speed. But yet I wonder if a typical cop would have figured it was my fault for not backing more carefully ?

Realizing of course you can't actually get a ticket on private property unless the owner of said property presses charges...but wondering what the insurance companies would make of it ?
 
It might depend on the city or state laws, the signage in the parking lot, any speed posted? Also who gets the ticket may depend on what side of the bed the cop got up on? My sister in law got a ticket for a collision that she felt was the other drivers fault, because the policeman appeared to be buddies with the other driver and never asked her what happened. He shook hands with the other driver who did some smiling and pointing and gave her the ticket.
I want a good dash cam but have not found one with the features I want. That might make a difference also. Speaking of cameras the store probably has them, with a known frame rate one could accurately calculate the speed of the other vehicle. If the other driver was really reckless they might want to ban him from the premises. The local grocery bans shoplifters, seems like it would make even more sense to ban people who endanger there customers.
 
Milacron said:
I wonder if a typical cop would have figured it was my fault for not backing more carefully ?
?
Click to expand...

I'd bet on the exact nature of the collision being an important factor. If the car hit you with its front end, it might be judged his fault. If the car got scraped by your rear end on the side as it went past, maybe your fault.
 
Dash cam with rear faceing cameras your best friend in these kinda circumstances, no one can really argue with video. Here in the uk its kinda deamed your more at fault if backing out of a space, kinda driving 101 over here is you should always reverse in when ever possible, like this you have best viability parking when your effectively controlling traffic and when leaving - at most risk, no one does though but it can make a big difference in these kinda events.

Me i just like to be driving something with enough heavy galvanised metal bumpers and side steps giving a fuck is optional! Even being bright yellow its surprising how many people don't see you. The only time i have been hit to date is in car-parks, its another big advantage of online shopping!
 
It would be your fault to fix both cars, because YOU have insurance and there is a 50% chance the other guy didn’t. But that don’t make it right.
A month ago or so I was sitting in our surburban waiting on my wife in Walmart parking lot when I felt the car rock, I thought dam she is getting rough putting groceries in. Jumped out another car drove by a foreign lady had just hit the corner of our bumper scratching the paint. She was terrified I would call the law, she said she would pay for the damage if I wouldn’t call. We settled on 300 bux.
 
In ca there is basic speed law that states speed limit only what is safe.

Posted 55 but fog means maybe 5...

If chp writes accident report the person who hits other car is usually indicated as failing this.

In your case you were clear to proceed as no traffic at all then speeding vehicle failing to drive at safe speed.

Would be like hitting a parked car.

Sent from my SAMSUNG-SM-G930A using Tapatalk
 
wippin' boy said:
pretty much same thing happened to my wife.
they call it 50/50
and you get screwed because of some jerk
Click to expand...

Same exact thing happened to us. I was stopped halfway out of a spot and a lady hit us in a parking lot. Insurance didn't care and assigned 50/50. Especially at fender bender speeds, they don't care.
 
Pull forward to get a second hit in, accelerate backards to "ramming speed".

Got to get the damage above the deductible....:D

Extra points if you can pop the airbags of the offending....:skep:
 
adama said:
Dash cam with rear faceing cameras your best friend in these kinda circumstances, no one can really argue with video. Here in the uk its kinda deamed your more at fault if backing out of a space, kinda driving 101 over here is you should always reverse in when ever possible, like this you have best viability parking when your effectively controlling traffic and when leaving - at most risk, no one does though but it can make a big difference in these kinda events.

Me i just like to be driving something with enough heavy galvanised metal bumpers and side steps giving a fuck is optional! Even being bright yellow its surprising how many people don't see you. The only time i have been hit to date is in car-parks, its another big advantage of online shopping!
Click to expand...

It is illegal in some places to back into parking spots. Not sure where I saw this however... :willy_nilly:
 
I haven't confirmed this, but had a conversation about it with a friend training to be a police officer. He said that the law (at least in our area) is that once your reverse lights are on, you have right of way. Just like a pedestrian in a crosswalk.

This happened to a friend of mine when he was backing out in his apartment parking lot. He has a small car and two big trucks parked around him. Backed out as slowly as he could and kept his head looking back. Got T-Boned by a food delivery driver going way too fast in the parking lot. Somehow it was determined that he was at fault (this is a different state than i'm in).
 
Milacron said:
Large parking lot of typical big box store....I'm slowly backing out of a space, looking all ways (good visibility...Jeep Wrangler) and suddenly someone honks their horn as they speed by my rear end. No collision, all is well...but from my perspective if there was, it was because the car came out of nowhere due to speed. But yet I wonder if a typical cop would have figured it was my fault for not backing more carefully ?

Realizing of course you can't actually get a ticket on private property unless the owner of said property presses charges...but wondering what the insurance companies would make of it ?
Click to expand...

Sheer carelessness. Happens a LOT on "the lot". Inch-hoorance folk could advise.

Worst-case I've ever seen, was the next level-up. RAGE!

Some lady in a "tight" carpark close to Old Town Alexandria's "Torpedo Factory" just LOST it, and was savagely ramming an empty Mercedes to flinders with her own rapidly collapsing car, brand no longer recognizable the front-end was so badly trashed.

She was a good eight goes in, Merc down to less than 3 feet wide, major crowd gathered, when the police took her down, guns drawn - a motor vehicle being recognized as a "deadly weapon".

"Road Rage" has become more common as we've overcrowded our spaces. Carelessness, a given, already.

All part of the "Never MY fault" mentality? How'd yah fix THAT?

Going from "no fault" inch-hoorance back to civil charges filed and a few more lawsuits actually sounds the better deal if it could effect a sea-change in attitudes.
 
Milacron said:
Large parking lot of typical big box store....I'm slowly backing out of a space, looking all ways (good visibility...Jeep Wrangler) and suddenly someone honks their horn as they speed by my rear end. No collision, all is well...but from my perspective if there was, it was because the car came out of nowhere due to speed. But yet I wonder if a typical cop would have figured it was my fault for not backing more carefully ?

Realizing of course you can't actually get a ticket on private property unless the owner of said property presses charges...but wondering what the insurance companies would make of it ?
Click to expand...

In Florida, the cops don't get involved in parking lot accidents. My experience is that most "other guys" insurance companies won't pay for your car unless their guy gets a ticket, or you prove him at fault in court.

CarlBoyd
 
Wow, that just happened to me leaving work this evening. Two cars whizzed right past me in the lot with horns blowing, as I was backing out of my spot.

Who would you ask to find out the score in one's state (NY for me)?
 
digger doug said:
Truck Lite in Warren/coudersport/Jamestown...has posters for every application.
http://www.truck-lite.com/content/sites/default/files/pictures/Downloads/Lighting Users Guide.pdf

I don't see them in there, but I just glanced at it.

DOT inspection station (local garage I worked at) they said so.
Click to expand...

Rationalizing, Doug. Somebody is PAYING for these. May have once been optional, but lots of folks went to the extra pin-count on hookup connectors to add them, long time ago, already.

ISTR not so "optional" any longer.
 
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