Expert: Anne - 3/4/2008

Question
A car backed into me just after i had entered a parking lot in California. I did not know it was one way, no signs or markings, but realized it was one way once i was in the lot because of the angled parking. I was stopped, about to back into a spot to correct this, and as i was stopped, a driver backed into my car from a parked space. Is it not the duty of the driver backing to yield to all other traffic? Her insurance claims it is my fault due to the one-way lot, but SHE HIT ME. She did not look and backed into my driver's side door. It hit at the back of my driver door and also part of the body of the car as well.

Answer
Hi Jenny,

Parking lots accidents are difficult because every driver has duties and its hard to asses who has a greater duty or greater burden. Remember, fault in vehicle accidents does not necessarily have to be 100% one side or the other.

It is true that vehicles backing have a duty to yield, but just like in a normal street this duty is to yield to a vehicle that is legally in the street. In your case, being on the wrong lane can place a heavy burden on you.

You are correct however, the vehicle backing must look before backing and must avoid the impact. It is clear you were behind because she backed up into you. Even if you were moving on the wrong direction, she had a duty to look to both sides since there could be a "shopper", a kid or just about anyone coming from that direction.

In any event. With the facts you gave me it is possible that the other driver has some negligence in your accident and you are not necessarily 100% at fault.

Visit: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Good Luck
Anne

http://www.spokanelegalhelp.com