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Answered 2006-08-23 15:46:21

Parking-lot accidents are dicey. According to a claim-agent buddy of mine, blame is almost never assessed fully to one or the other in parking-lot accidents. He says they frequently go 50-50 or, in a case like yours, 60-40. I know that seems unfair, because you would think that someone backing out of a spot would be more responsible than 60 percent. But he said that it depends on how far the backer had pulled out. If a person pulling out of a spot is substantially (whatever that means) out of the space and in the access lane, other drivers in the access lane are required to yield to him so he may fully vacate the spot, which makes perfect sense. A driver who plows into the quarter panel of a guy backing out of spot can hardly attribute most of the blame to him.


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Answering "Pulling out of a parking lot onto a street and you have to back up to avoid on coming car and the car behind you hits you who is at fault?"

no matter where a vehicle is parked, the moving vehicle is at fault every time.

the car that is backing out because they have to yield because the others have the right of way.

I would have to say that technically it would be the driver pulling out of the parking space. TECHNICALLY speaking that is. The insurance companies would probably try to say it is an equal at fault accident maybe.

If you are pulling out and hit the other are. Person in the lane has the right of way.

The backing vehicle is at fault. We are always supposed to look to ensure the path is clear before placing our vehicle in motion.

If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.

The legality of the spots geneally have nothing to do with the liabilty for the collision, and the decision would likely be made as if they were both legal parking spots.

At least in PA, the person backing up is at fault, no matter how stupid the other driver is. My brother got burned backing up and hit someone speeding through the parking lot. to the best of my knowledge, all parking lot accidents are 50/50.

It depends. If they hit you with their door, it's usually their fault. If you hit their door with your car, it's most likely your fault. That said, the burden of ensuring the way is clear is ALWAYS on the reversing vehicle.

Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!

The driver.Another View: It depends on the circumstances of the collision.If the door struck the side of the moving vehicle, then the person opening the door of the parked car is at fault.If the moving vehicle struck the open door of the parked car, then the moving car is at fault.

If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.

This can go either way, most often it is the person who was backing out that is at fault. witnesses would be great to prove this is what happened.

The fault is at the person who opened the door. The person pulling in. They should of know you were coming out the car and waited then park.

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