I backed out of my driveway and hit into my neighbor's car. Is there a certain number of feet that the car must be parked across from a driveway? Has the person parks directly across from my driveway prohibiting me from backing out of my driveway safely? When I back out I often have to reverse it, drive forward and turn, then reverse again with the rear end of my vehicle in the street for an extended period of time, does this constitute an obstruction?
Personal Injury Lawyer
No, absent a local ordinance.
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Personal Injury Lawyer
You need to check with the local ordinances to see whether there are any such limitations on where a person may park relative to a residential driveway--however, likely, there is nothing like what you are hoping to see exists. You are backing out, you have the responsibility that the maneuver you are making can be done in safety and without causing damage and/or injuries to others or their property.
If your car is being obstructed and you cannot exit your driveway safely, then you need to contact the police and have the vehicle towed...
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Criminal Defense Attorney
You would have to check your local town's ordinances but unless there are yellow lines or signs indicating a no-parking spot, I doubt it is illegal. The bottom line is that under NY law, a driver must see what there is to be seen and apparantly either you failed to do so or misjudged the distance. I suggest you place your automobile insurance carrier on notice of the accident in case the owner of the other car makes a claim. If you wait, you run the risk of your carrier disclaiming covage for late notice.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.