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Answered 2008-12-29 21:15:07

the person pulling out

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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.






A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.


When it comes to parking lots things get complictaed. In general Parking lots are private property, meaning that the rules of the road are not always in effect. Usually if an accident occurs and the police are called they will issue an accident report with the notation of cannot dissern fault, meaning they were not there at the time of the accident therefore they cannot tell who was at fault.


I was pulling into a parking space at Walgreen's at about 1:30pm on 3/4/09 and a white 4 door 1996 Taurus gl was pulling



Unless thare are other than normal circumstances, the driver of the parked vehicle would be at fault as it is his duty to ensure that it is safe to join the carriageway...


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


If he was driving forward past his intended parking space to take yours, then he is at fault. Cutting across is not permitted in parking lots although many people do it anyway.




The person at fault would be the one backing into a parking space. Because they are going to look at it as, your supposed to pull into the parking space front first, not backing in. So it would be your fault. But I'm sure that both of you would get a ticket or something else, because they hit you, and you are violating parking lot conduct.


The vehicle exiting the parking space that did not yield to oncoming traffic.


The guy from the parking spot because he is looking behind him for oncoming traffic. The guy coming out of the alley wasn't too bright either. Think about it.


Any time the driver who is backing is at fault, in all 50 states.


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.



The person backing up. That is, unless the other person had a clear chance to avoid the accident and failed to do so (i.e., wasn't paying attention).


Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.


In most states, fault lies with the person who had the "last clear chance" to avoid the accident. If you saw the car backing up at you and just sat there and let it hit you, it's your fault. If you saw the car backing up and thought "I can get past them" and instead hit them, it's your fault.


both because ur not quick enough ;) the other guy is thick cos he drove into you!! So more his fault!!



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