I was 1/2 way to 3/4 of the way out of a parking lot spot backing up. I DID look over my shoulder to the right to see if there were any pedestrians or cars in my way and I began to back out when suddenly a car hit ME on the right back bumper only. I didn't see where this car came from and I also have park assist that goes off when I near a vehicle that did not go off until impact. The witness stated that the other driver was speeding and tried to go around me rather than wait and miscalculated and damaged the whole right side of her vehicle. I understand that when backing up I had a greater duty to yield but this vehicle came out of nowhere literally. My question is why am I being held 100 percent liable when I was the one who was hit by a speeding car in a 10 mile per hr zone?
When you say you are being held 100% at fault, I assume you mean you were given the ticket for the accident. If his is the case, I suggest you take your witness to court so he/she can testify that the other driver was speeding and tried to go around you. That should go a long way to getting the ticket dismissed. Be aware that in most courts, you can can not testify to what the witness said. Nor can you just bring in a written statement from that witness. That is hearsay and is inadmissible. You will need the person to come to court and testify for you. Most courts can help you subpoena that witness.
If you mean you are at fault and your insurance is paying for the damages, I suggest you make sure your insurance adjuster knows about the witness.
I practice in Memphis, TN, and suggest that you contact a lawyer in your area to see if the laws differ in LA.
Based on the facts you have described, you should not be held 100% responsible. You can provide your insurance company with the name and number of the witness and they should follow up by getting a recorded statement. However, ultimately your insurance company decides whether it will accept or contest your fault.
The insurance companies will engage in arbitration proceedings as to whose insured is at fault and reimburse each other accordingly, so your insurance company does have an interest in the other party being at fault.
I agree with my colleagues.
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In Louisiana, there are no traffic laws that cover parking lots. All drivers are expected to exercise a degree of care reasonable under the circumstances when navigating a parking lot. Each party's percentage of fault will be determined by the degree to which each party failed to exercise reasonable care under the circumstances. That being said, if you have vehicle damage or have suffered injury and feel like that damage or injury is a result of the other driver failing to exercise resaonable care under the circumstances, you should present a claim to the other driver's insurance company and consult a personal injury attorney in your area.
Now, you could also present a claim to your own insurance company, which, in Louisiana, should definitely have property damage coverage and could have medical payments coverage. Your insurance company would then have the right to pursue the other driver for the sums it paid to you.
This answer provides educational information only and is not intended to offer legal advice. Please do not make any decisions about any legal matter without first consulting with an attorney. No Attorney Client Relationship is formed by any use of the information provided herein.
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