Expert: Doctor Settlement - 10/27/2007

Question
The incident happened at a parking lot. The parking spaces are diagonal but one way. I am in reverse going to come out of the parking space and am halfway out when I stop to put it into drive so I can go forward. Now I dont remember whether I put it into drive or not but at that exact moment another car backed out and hit my rear fender. Approx the area where the rear driver side door ends and the tire. My car was not moving at the time of impact. Who is at fault?

Answer
Hi Arman,

The first thing to remember about parking lot accidents is that the rules of the road apply fully to all movements.  

The basic rule is that one does not move his vehicle until it is safe to do so.  Also, the burden is upon that driver who is about to make a movement to ensure that the way is clear.  

Thus, at first glance, one would assume that the driver who made the movement is at fault.

Since that favors you, why don't you make that argument.  


However, one must always be prepared for arguments on the other side.  In this instance, if I were the other driver, I would argue that you should have seen me backing up and you should have sounded your horn.

Remember that it also is the duty of one who can avoid an accident by keeping a lookout to be exercising vigilance.  If you could have avoided the accident by seeing the car backing and sounded your horn, then someone could find you partially at fault also.

Best wishes,

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