The person driving down the aisle has the right of way. A person cannot back out of a parking spot until it is clear and safe to do so. If the person backing out can prove (with independent witnesses) that the other was speeding, then it will most like shift to a comparative liability case (with fault on both parties)
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
The backing vehicle is under the primarily obligation to not commence the backing movement until it is reasonably safe to do so. California Vehicle Code section 22106.
The backing driver has the duty to proceed only when safe. The fact that another driver may have been speeding will not carry the day for you, however, the court/jury may assess a certain percentage of the fault to the speeding driver using contributory negligence and reducing your fault somewhat.
I beleive that the oncoming car has the right of way. The vehicle backing up must give way to the oncoming car. My answer could change with more facts.
The car backing out must proceed with caution and ascertain there are no cars coming down the aisle. Rushing to beat the oncoming car is not allowed. Best of luck.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, 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, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, 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.
Generally the car backing up has responsibility to see to it that the way is clear. Speeding by the other car may be comparative negligence on their part.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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You should report this to your insurance company and let them handle this for you. If you were injured in the accident, then you should seek medical attention as soon as possible. Best of luck.
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