Am I at fault (collision while reversing)?
5 attorney answers
Private property collision cases usually follow the rules of the public roads. Generally, a driver has a duty to make sure the coast is clear when reversing. However, the driver of the vehicle behind you has a duty to maintain a safe distance between his car and yours in front of him. This is likely a case of comparative fault. If no one was hurt, the matter should be resolved informally between insurance companies.
What Duty Does A Driver Backing A Car Have To Others?
Generally, a driver backing onto a public street has a duty to look out for traffic on the street and to yield the right of way to them. Additionally, there may be a duty to give a warning or signal before backing. While backing up is not in and of itself negligence, some courts hold that more than ordinary care is required when backing. This does not does not change the universal standard of ordinary care, but simply means that what conduct is adequate to fulfil the duty varies with the circumstances.Collisions With Other Vehicles
In cases of collisions between vehicles backed or backing onto a public street and cars proceeding along it, the most common situation is where the vehicle backing onto the highway has collided with a vehicle proceeding in its proper lane of travel on the same side of the street from which the backing vehicle emerged. In most of these cases, the backing driver has breached a duty which caused injuries, resulting in liability for negligence
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There is a good chance that you are both at fault. However, depending on how the parking structure is laid out, one party may be more at fault. Additional information is necessary to give a better evaluation. You should notify your insurance company and let them handle it.
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Probably would have been a good idea to stop. Not to worry, simply turn it over to your insurance company to resolve. That's why we all carry insurance.
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You were reversing slowly and failed to stop when you saw the other car. Had you stopped, he would be liable for your damages. The best thing is to turn your claim to your insurance company, they will take care of it. Best of luck
This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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