If backing out of a parking space and a driver suddenly tries to drive past, whose fault is it for the accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If backing out of a parking space and a driver suddenly tries to drive past, whose fault is it for the accident?
It was slightly raining and I was backing my car out of my parking spot. I had looked back to see if it was safe to go, my lights were on and I was already a third out. Then a car driven by a teenager tried to rush past.
Asked on August 20, 2016 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Based on what you write, if your lights were on (so you were visible, despite rain), you had already begun moving (so the oncoming driver could see you were exiting the space), and the teenager was going faster than appropriate ("rush[ing] past") to get around you, the teenager appears to have been the negligent, or unreasonably careless, party, and so to have been at fault.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.