Expert: Anne - 1/18/2008

Question
I was parked in a private driveway visiting a friend, the driveway is steep.  Another visitor to the house parks his car on the street and goes in the house.  I leave and when I back out I hit the fender of the car.  The other driver had blocked my exit (they thought the van belonged to the owner - and knew the exit was blocked for the van).  Due to the steep driveway, I could not see that the fender was in my path.  If I had seen the fender in my path, I could not have exited (I was at the house to pick up a child and leave).  Do they share any liability?  

Answer
Hi Dave,

You can make the argument that they were illegally parked. However, this is a hard claim to win. The duty rest on the driver to lookout before backing. The vehicle was behind and was there to be seen. The vehicle was there when you got in the vehicle and when you backed out.

Courts will tell you that you could have hit a child. Your failure to check behind was the proximate cause of the accident.

I follow your thinking, people do not park in front of drive ways for that exact reason. However, in a purely "fault and liability" analysis, you will probably be held %100 at fault.

I am sorry you are in this situation.

Good Luck,

CQ
http://www.auto-insurance-claim-advice.com