Accident Advice

[ElFenix]

Originally posted by: Dwarf
I did turn my body + head to look out the rear window when I pulled out, but the vision of the volkswagon was not in the area I could see. Just thought I would clarify this.

you earlier admitted to looking at just the mirror once you were clear of the station wagon

Originally posted by: Dwarf
I did this as I was pulling out to make sure I didn't hit the station wagon that was parked next to me, but once I was clear of it, I look at my center mirror and straight back and didn't see it in my FOV.

 

[olds]

Originally posted by: Dwarf
...
I am attaching a picture to help illustrate the scenario.

Jezzus. Was that taken with a Fred Flinstone camera?

 

[BoomerD]

Regardless of the legality of the parked car, YOU moved your vehicle, and hit it...that makes it YOUR fault...
You fvcked up and hit a parked car. Live with it, pay the insurance deductible for yours, be prepared for your insurance to go up, ane MAYBE even get a citation. NOT sure how the BART cops deal with that. Might be a good idea to take a drivers ed course, so you can learn to check your mirrors and blind spot BEFORE moving your car, to avoid such things in the future, and make sidewalk driving a safer activity for all us Kahleeforneeyans...

 

[Bassyhead]

Saying "I didn't see it" is not a valid excuse. Almost everybody says that after a collision, otherwise a huge chunk of them wouldn't have happened in the first place. It was your responsibility to not hit any objects, placed illegally or not, especially when you were the one who was moving and had that choice.

As for the mirrors, at least in NYS you're supposed to turn around and look before you put the vehicle in reverse or change lanes. The mirrors are aids only and can't possibly encompass the entire field of vision around the car. In fact, they take points off your driving test if you fail to actually turn around before reversing.

 

[JulesMaximus]

When you back up things come at you from behind.

You are at fault for backing into her car.

 

[JulesMaximus]

Originally posted by: ElFenix

Originally posted by: Dwarf

Originally posted by: ElFenix
you ran into a parked car

how did you miss it when you walked up to your car

failure to look around does not excuse you

Well, I was coming from the other side... the picture shows the path I took to get to my car... and the car parked next to mine was a large station wagon so I can't see the volkswagon behind it.

again, you failed to look where you were going when driving your car. that is negligent at best, and could be reckless.

i mean, don't you have side mirrors and can't you turn your head around and look out the back and the side?

It isn't negligence or recklessness, it was an accident. He is definitely at fault though.

 

[ElFenix]

Originally posted by: JulesMaximus

It isn't negligence or recklessness, it was an accident. He is definitely at fault though.

accident means it's unintentional. accidents can be negligent or reckless, or they could be unavoidable. this one was either negligent: not using the degree of care reasonable in the circumstances (watching what you're backing into); or reckless: knowing of a risk of backing into something if you're not looking and still not looking.

there is no fault in an unavoidable accident, so you've already admitted that it was at least negligent.

 

[JulesMaximus]

Originally posted by: ElFenix

Originally posted by: JulesMaximus

It isn't negligence or recklessness, it was an accident. He is definitely at fault though.

accident means it's unintentional. accidents can be negligent or reckless, or they could be unavoidable. this one was either negligent: not using the degree of care reasonable in the circumstances (watching what you're backing into); or reckless: knowing of a risk of backing into something if you're not looking and still not looking.

there is no fault in an unavoidable accident, so you've already admitted that it was at least negligent.

Your point is moot. He's not going to be charged with reckless driving or negligence so whether it was avoidable or not doesn't really matter. He was at fault...that's it, end of story. Why you keep bringing up reckless or negligence is beyond me.