Expert: Richard Hixenbaugh - 1/25/2010

Question
I was at work, parked on the side of the building where there are 15 or so parking spaces for employees. Leaving work, went to my car, put the groceries in the trunk and got into my vehicle.  I started my car, looked to the right an saw another employee walking toward my car, and another employees car passing by mine. I made sure the car passed, and started backing up, right into a car parked behind me, in a fire lane.  The vehicle was not there when I put my groceries in the trunk.  I never saw her car, they were sitting in the car talking.  I know that I hit her car, but isn't she also responsible. There is damage to both of our vehicles.  

Thanks


Answer
Hi Lisa,

Unfortunately, you will be considered to be 100% at fault in this situation for 2 reasons.

1)Anytime you are backing up you have a duty to be sure you have a continuous clear path to do so.

2) Anytime you hit a stationary object you are at fault even if the other vehicle is illegally parked, again because you have a greater duto to be sure you have a clear path.

I hope this helps
Richard Hixenbaugh