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Who is at fault when you are pulling out of a parking space and the car next to you swings open their door and the you hit their car?

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2008-11-30 22:54:33
2008-11-30 22:54:33

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.

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Related Questions


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.

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.

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.

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

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

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

It is the other person's fault because they had to have seen you pulling in first. They were being greedy.

You can perform angle parking by cutting the steering wheel at a sharp angle and then pulling into a space. Keep the wheel cut to achieve an angle.

The driver of the other vehicle. You were moving and they were stationary, hence they didn't yield right of way to you. Chance are, the parking space was private property, so a citation wouldn't be issued. Laws in your state may vary.

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.


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