Car accident question regarding who is to blame

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Car accident question regarding who is to blame

March 10, 2010, 01:31:36 PM

A car is driving through a parking lot and another car back up and hits it. The car that was backing up could not see the oncoming car due to the fact that there was a large truck next to it. Who is at fault in a situation like this? Car A, Car B, or the jerk who drives the big truck that was obstructing the view?

The reason for my asking is my wife was involved in this situation yesterday. I purposely did not say who was driving which car to avoid opinions being biased. I am somewhat worried about it because if we have to pay our deductible to have the car fixed then I will most likely be out of the money to have my Cougar shipped out here to me.

Thanks!

Here are some diagrams of how the accident occured.

Car accident question regarding who is to blame

Reply #1 – March 10, 2010, 01:49:47 PM

Car A would be at fault. No matter how shiznitty the view is, it's car A's responsibility to make sure it's safe to pull out.

Car B is required to exercise due diligence, but is under no obligation to stop at every visual obstruction. Car A was entering the normal flow of traffic and has the obligation to make sure it's safe to do so.

The truck would not be at fault because it is impossible for a vehicle that is not moving to be at fault in an accident. Even if the truck had been parked in a no parking zone or even if it had been parked broadside across a busy road it cannot be at fault because it isn't moving - anyone who hits it would be at fault. Also, blaming him because he drives a big truck would carry about the same weight as him blaming you because you drive a small car.

Car B would only be at fault if you could prove the driver was not driving in a careful manner (speeding, texting while driving, etc). With no witnesses and no skid marks from which to determine speed this would be impossible (though the incident may have been caught on video).

The long and the short of it: You're boned. Unless the driver of car "b" has no insurance, in which case they're automatically considered at fault. The logic behind this: If he doesn't have insurance he shouldn't even be there, and if he hadn't been there you wouldn't have hit him. That is the twisted way insurance companies see things.

I should also point out that some areas consider any parking lot collisions 50/50. Your insurance pays for his car, his pays for yours. The only way to find out if this applies to you would be to talk to your insurance company.

Car accident question regarding who is to blame

Reply #2 – March 10, 2010, 02:04:44 PM

Well, I know the truck isn't responsible, just wanted to call him a jerk because he is my wife's boss and well, he is :) I guess I should mention also that this happened on a military installation.

Car accident question regarding who is to blame

Reply #3 – March 10, 2010, 04:49:58 PM

Car A is most definately at fault.

Car accident question regarding who is to blame

Reply #4 – March 10, 2010, 05:07:23 PM

Yeah, I'd as well say that car A is at fault, although being on a military base, there may well be posted speed limits for the other vehicle. Any witnesses?

Good luck with it:D

Car accident question regarding who is to blame

Reply #5 – March 10, 2010, 05:08:36 PM

Car A
I did the same thing about 20 years ago
I was found to be at fault

Car accident question regarding who is to blame

Reply #6 – March 10, 2010, 05:13:28 PM

There is no speed limit posted in the parking lot. The speed limit on most of the base is 20-25. There were no witnesses. Hopefully this gets resolved well. My wife works with the other driver and both drivers say they are not to blame.

Thanks for the opinions, keep em coming.

Car accident question regarding who is to blame

Reply #7 – March 10, 2010, 05:23:25 PM

Unless you can prove that car B was traveling at an excessive speed and thus contributed to the accident. car A is at fault. If car B did contribute, car A still bears responsibility, just not full responsibility.

Shiny Side Up!
Bill

Car accident question regarding who is to blame

Reply #8 – March 11, 2010, 12:47:10 AM

I did almost the same thing this summer. We were both backing out though, but I was the first to stop. I was in NC at the time though, and it's a no-fault state, so the insurance company, though they said it was only 20% my fault, said they weren't paying for shiznit.

Car accident question regarding who is to blame

Reply #9 – March 11, 2010, 12:57:19 AM

About all you can do if you are A is inch out slowly and hope B either blows their horn or stops and lets you out.

Car accident question regarding who is to blame

Reply #10 – March 11, 2010, 05:22:12 AM

Car b has the right of way.

the military base still falls under DOT of that states laws, "fualt" or "no-fault" state, your still boned.

Car accident question regarding who is to blame

Reply #11 – March 11, 2010, 08:44:08 AM

Thanks for the responses guys. They are pretty much what I thought. My wife was driving car B.

Car accident question regarding who is to blame

Reply #12 – March 11, 2010, 02:27:11 PM

Definitely car A fault.... Car B was already moving and had the right of way.... it's car A's responsibility to make sure there is nothing coming before they move.

Car accident question regarding who is to blame

Reply #13 – March 11, 2010, 02:50:04 PM

Here is a pic of the damage to my wife's car.

Car accident question regarding who is to blame

Reply #14 – March 11, 2010, 02:50:10 PM

Quote from: Loaded87IROC;313655

Thanks for the responses guys. They are pretty much what I thought. My wife was driving car B.

I had it drilled into my head before I ever drove that if in an accident, never EVER admit fault, whether true or not. With that said..glad to hear you're not car A, and hopefully it gets resolved quickly and painlessly.
:D:D