Expert: Richard Hixenbaugh - 1/27/2011

Question
A vehicle backs out of driveway and strikes a vehicle setting across the road. The question arises about the parked vehicle. It was parked away from the curb because of the snow left from the snow plow. Also it was out enough for the passenger to open door and exit the vehicle. The law reads that vehicles must be parked with in 12 inches from the curb. There were no citations issued and the police report is of not much help. Driver of backing vehicle stated that traffic would have to swerve around parked vehicle and they may not have struck parked vehicle if there were no snow and it was closer to the curb. Any advise is appreciated. Thank you. Also owner of parked vehicle says it was not out in the roadway and it was parked just like any other vehicle is this time of year with all of the snow around.

Answer
Hi Jeff,

Anytime someone hits a stationary object that are at fault. It does nt matter if the vehicla was parked out from the curb. It would not have mattered is there was no snow or if the car was parked in front of a fire hydrant or in a no parking zone. Since the car was parked, it was there when you got in your csr, it was there when you looked around, it was there when you started to back up. There was no driver in the parked car so it was unable to move. However, you were in your car and you have a responsibility to drive with out hitting things regardless of the reason they are there. It may sound wrong but it is the law.

I hope this helps
Richard Hixenbaugh