Expert: Anne - 5/20/2008

Question
I want to know who would be considered at fault for this situation or what the laws are for this situation in my state of Washington. I was in a parking lot and facing one way and the other driver was across the parking lot facing the other way. Both of our backs were to each other. I looked in my rearview and over both of my shoulders before I proceeded to back up. The coast was clear so I slowly started out of my parking space. When I was half way out and at an angle my passenger corner of my bumper bumped the middle of another cars bumper. When I was leaving my parking space the car that hit me was not moving and it was still in its space, but when I started to back up both of our cars collided. She said she didn't see me and I told her that I didn't see her either. Our cars met bumper to bumper in the center of the parking lot.

Answer
Hi Judy:

Parking lot accidents are very difficult. Usually both drivers share responsibility. Washington is a pure negligence state, meaning that both drivers can share responsibility and be liable for their amount of negligence. If each driver is 50% at fault, then each driver must pay the other half of the damages.

In your situation it is hard to determine because it appears that both drives were in the middle of the lane and the none saw each other (an indication that both drivers failed to look out). If one vehicle is "more" out than the other, then it can be argue that this vehicle is does not share as much fault as the other.

The adjuster must do an investigation to determine the point of impacts, and try to pin down exactly where the vehicles collided (the middle, towards one end or the other).

In Short, if both vehicles were backing out at the same time, they did not see each other, and they both were at the center at the point of impact, then both drivers would be at fault at 50% - 50%.


Good Luck,

Anne
http://www.SpokaneLegalHelp.com