Parking lot fender bender

by nwilming » Sun Sep 20, 2009 12:35 am

I was in a parking lot, backing out of (& turning my wheel clockwise) a head-in space. I put my truck in reverse and had my brake on while I checked both mirrors, and both blind spots before backing out. There was no one behind me, although there was traffic in the lot. I slowly backed out while checking over my right then left shoulders. After I started backing out a small car stopped in the middle of traffic behind my truck and to the passenger side to put books in a book return at the library behind me. The car was not visible from my mirrors or from the windows of my truck at that time. The car was NOT there when I checked my passenger mirror before I backed out and I had a clear view of the book return from it (I have photos). Other driver claims he had been parked in the traffic lane for over 2 minutes before I backed out. The other driver must have pulled in behind me while I was checking to my left the second time and had already started to back out. I don't know if this makes sense - I hit his drivers side rear fender with my drivers side rear bumper. I feel he was at least partially at fault for being stopped in the traffic lane. I also have photos showing that a small car would not be visible from any place other than the passenger mirror in my truck.

Driver of the other car was hostile, said he was a police officer, did not have proof of insurance (as is the law in our state), said his passenger was an attorney, said "everyone always knows that the person backing up is ALWAYS at fault." Passenger was also hostile and videotaped the entire encounter although there really wasn't anything to videotape.

Total Comments: 10

Posted: Sun Sep 20, 2009 02:46 am Post Subject:

In these types of accident every detail matters. So there is no way to know for sure without statements from both parties and a lot more information. If I understand what you mentioned, I'd say you are at least a majority at fault if not 100%. The person stopping in the traffic lane does not have much to do with you hitting a stopped/[parked vehicle. Also, people seldom just stopped in traffic for no reason. It appears he's stating he was stopped to return books? If this is a lane of traffic how can someone return books from it? Is there some type of deposit box for books? If so, it sounds like he had a good reason to stop in this "traffic lane".

When backing up you have a duty to make sure the area is clear. If you cannot see that area, then you should not be backing up blindly into it.

Posted: Sun Sep 20, 2009 12:20 pm Post Subject: accident

I'll tell ya what I do, sometimes. If I'm in a busy parking lot, and I need to back up from where I am, if I have someone with me, I'll ask the passenger to step out of the car for a few minutes and 'groundguide' me. If I'm by myself, I just don't back up unless the traffic 'slows' a bit.

Posted: Sun Sep 20, 2009 01:26 pm Post Subject:

The other driver must have pulled in behind me while I was checking to my left the second time and had already started to back out

I'm pretty sure this is exactly what happened, but still in no way would make him at fault. I'm sorry OP but from what you've posted, you're more than likely going to be found 100% at fault. He is right (kind of). The person backing up has the greater degree of care. (why I ALWAYS back into a parking spot if at all possible)...Sorry, but what if that had been a kid on a bike? You still think you wouldn't have been at fault? Blind spots are YOUR problem not anyone elses on the road. And frankly claiming a blind spot, is NOT a good defense or idea...for you :wink:

It's a dang shame, when people have to be jerks at accident scenes, when there is clearly no malace (such as yours) just an accident. But unfortunately this is the world we live in today. More often than not people show their true colors when bad things happen. I hope that given the occupants of the vehicle this doesn't turn into a multiple injury accident as well. But prepare yourself all the same. Your carrier will handle everything, as well as making the ultimate liability decision.

Posted: Sun Sep 20, 2009 02:23 pm Post Subject:

Just like in cases where you rear end someone, backing into someone is in most if not all cases your fault.

Posted: Sun Sep 20, 2009 07:13 pm Post Subject: back up lights?

So, just to be clear, a driver doesn't have an obligation to not pull up and stop behind a car with it's back-up lights on?

Posted: Sun Sep 20, 2009 07:59 pm Post Subject:

So, just to be clear, a driver doesn't have an obligation to not pull up and stop behind a car with it's back-up lights on?

Pretty much none. If someone really wanted to push it they might assign 1-5% against the other vehicle. But that small amount is not going to make much of a difference.

Posted: Mon Sep 21, 2009 10:35 am Post Subject:

So, just to be clear, a driver doesn't have an obligation to not pull up and stop behind a car with it's back-up lights on?

No, no obligation at all. Sorry I know that's not what you wanted to hear...

Posted: Mon Sep 21, 2009 11:24 am Post Subject: accident

I thought there was SOME obligation for the driver to stop...when 'back up' lights are on, that SHOULD (common sense should 'kick in' here..) tell the other driver to stop. Ya know?

Posted: Mon Sep 21, 2009 12:26 pm Post Subject:

I thought there was SOME obligation for the driver to stop...when 'back up' lights are on, that SHOULD (common sense should 'kick in' here..) tell the other driver to stop. Ya know?

If this were true, (and it's not) The OP hit the other guy in the left 1/4...(rear of the vehicle)...His (other drivers) head, and therefore eyes were past the OP's vehicle..how could he/she have seen the OP's reverse lights?

Posted: Sat Sep 26, 2009 11:24 am Post Subject: insurance

OMG!! Maybe I mis-read the OP post. The other driver was PAST the car, backing up. OH..I catcha!! OK..sorry for the confusion. Well..........I know in MOST states ( I don't know what states..) (depending on the circumstances, that is..), if you rear-end someone, you are automatically at fault. I guess the OP needs to be careful next time. I think, there was a post, about 'blindspots' NOT being a 'defense' to the accident......this I DO agree with. Every vehicle has a 'blindspot'.

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