Expert: Doctor Settlement - 5/29/2009

Question
So yesterday i was parked perpendicular to some parking spots that are in front of a building i was parked along a curb that went around an island about 20 feet from the parking spots a lady backs out from one of the parking spots that are perpendicular to where i was parked and hits my pickup and says that i am illegally parked. sooo my question is is she just trying to get out of it because she was trying to drive off i had to run and catch up to her or is she right?

Answer
Hi Bernard,

The rules of the road prevail over the question of whether or not you were parked illegally.  If your vehicle is there to be seen, she cannot just hit it and claim you were parked illegally.

Here is why: the most basic rule of the road is that one cannot move her vehicle until she has ascertained that it is safe to do so.  Hence, she has a DUTY to look where she is going.  If she looked, she would have seen your car.  Hence, it is her duty to avoid hitting your car.

Of course it is a different story if your illegal parking made it so one could not see your car and one would not expect to find a car parked where you were parked.  In that unusual case, she might be excused from liability.

But from what you state, your car was clearly in view if she had looked before she moved her car.  Hence, she violated the most basic of the rules of the road since she negligently failed to ascertain that she could safely move her car where she intended to move it.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com