Parking Lot Backup Accident

[acole1]

Situation:
Today my sister got into an accident (her first) while backing out of a parking space at her college.

Details:
She checked her mirrors and backed up carefully
Got a ways out of her space when she collided with something
She sees a car speeding away
The cop a short bit away chases and brings the runner back
There is a long green stripe (the color of my sister's car) down the side of the runner's car
My sister's bumper is partially torn off from the direction the other car came from

Result:
The cop says that the other car had right of way, and so it's my sister's fault. Last I heard the cop was trying to decide if he has to give her a ticket or not.

Question:
Is this right? Even if the other car clearly hit her, not her them?

I leave it up to the omniscient minds of ATOT to come to the correct conclusion and inform me what is right.

 

[mugs]

Cop was right, even though the other car was an idiot.

Edit:
From the way you described it, it sounds like your sister hit the other car anyway ("There is a long green stripe (the color of my sister's car) down the side of the runner's car")

 

[MagnusTheBrewer]

Sorry but, the cop's right.

 

[BigJ]

Did she actually back into him and then the stripe is from him grinding against her?

Or did he clip her bumper and get the stripe from speeding away?

 

[FoBoT]

Quoting Title 7, Chapter 545.415
BACKING A VEHICLE. (a) An operator may not back the vehicle unless the movement can be made safely and without interference with other traffic.

http://www.expertlaw.com/forums/showthread.php?t=16111

 

[D1gger]

I'm surprised the cop did anything at all. They usually just say it is not there jurisdiction to deal with minor traffic accidents on private property. That being said, it is normal for the person travelling in a forward direction to have the ROW over a person backing up.

 

[Capt Caveman]

Your sister is at fault as the other driver had right away. Based on your description of the accident and damage, your sister hit the other person's car. Bumper to side of their car. If the other car hit the side of your sisters, it might be a different story but she would probably still be at fault.

 

[Gunslinger08]

The person in motion always have the right of way, in reference to a parked vehicle leaving a spot.

Same thing happened to me a few years ago. Guy backed up right as I was going by him. Totaled my car (it was a $1500 car).

 

[Canai]

Wouldn't the other person leaving the scene get them charged ?

 

[acole1]

Originally posted by: BigJ
Did she actually back into him and then the stripe is from him grinding against her?

Or did he clip her bumper and get the stripe from speeding away?

BIGJ:
It looks like the other person clipped her bumper, which is what left the stripe.

Everyone Else:
Thanks for the answers!

 

[acole1]

Originally posted by: D1gger
I'm surprised the cop did anything at all. They usually just say it is not there jurisdiction to deal with minor traffic accidents on private property. That being said, it is normal for the person travelling in a forward direction to have the ROW over a person backing up.

It was a college cop.

 

[Tiamat]

usually in all situations, the person going reverse is the one at fault.

The other car probably ran because:

1. duche
2. no insurance

I wonder if that person could be charged with leaving the scene of an accident even though they were not found at fault of the accident itself...

 

[Eos]

I hate heading into a spot.

 

[Jugernot]

Don't know, sounds like it was originally your sister's fault, but the other driver tried to hit and run.

 

[BigJ]

Originally posted by: acole1

Originally posted by: BigJ
Did she actually back into him and then the stripe is from him grinding against her?

Or did he clip her bumper and get the stripe from speeding away?

BIGJ:
It looks like the other person clipped her bumper, which is what left the stripe.

Everyone Else:
Thanks for the answers!

I forget what the law is, but can't you be cited for not avoiding an accident when you had the opportunity to do so? Assuming that he did have the opportunity to avoid it (the other driver).

Also, technically either way she is at least half at fault.

 

[Gunslinger08]

Originally posted by: Jugernot
Don't know, sounds like it was originally your sister's fault, but the other driver tried to hit and run.

Doesn't change who was at fault in the collision.

 

[AbAbber2k]

I always try to let people out rather than speed by them. I know that I have trouble seeing people coming when backing out... especially if I'm parked between two jacked up trucks/SUVs. A little courtesy goes a long way in preventing these kinds of accidents.

 

[spidey07]

Backing up, moving into another car's right of way, failure to yield, she HIT the other car, etc..

All point to her fault. Without question.

 

[thescreensavers]

Originally posted by: Canai
Wouldn't the other person leaving the scene get them charged ?

exactly, Hit and Run not your sisters fault

 

[BigJ]

Originally posted by: spidey07
Backing up, moving into another car's right of way, failure to yield, etc..

All point to her fault. Without question.

Actually, without you knowing the full details of the situation, no.

What's to say he didn't come flying around the corner and she didn't have time to respond to him?

So while it probably was her fault (in all likelihood), without question is a strong statement to make.

 

[BigJ]

Originally posted by: thescreensavers

Originally posted by: Canai
Wouldn't the other person leaving the scene get them charged ?

exactly, Hit and Run not your sisters fault

No. That crime does not negate the traffic infraction she committed.

 

[mugs]

Originally posted by: acole1
It looks like the other person clipped her bumper, which is what left the stripe.

Did he hit her car with the FRONT of his car?

 

[Aikouka]

Originally posted by: BigJ
I forget what the law is, but can't you be cited for not avoiding an accident when you had the opportunity to do so? Assuming that he did have the opportunity to avoid it (the other driver).

Also, technically either way she is at least half at fault.

That's kind of what I was thinking... I mean we all know you have to be cautious while backing up, but sometimes you just don't see people. Also, when going through a parking lot, you have to be aware of people backing up, because they might not be able to see you!

 

[Syrch]

Yup the cop is right. The person pulling out of the lot needs to know their surrounds at all times

 

[spidey07]

Originally posted by: BigJ

Originally posted by: spidey07
Backing up, moving into another car's right of way, failure to yield, etc..

All point to her fault. Without question.

Actually, without you knowing the full details of the situation, no.

What's to say he didn't come flying around the corner and she didn't have time to respond to him?

So while it probably was her fault (in all likelihood), without question is a strong statement to make.

Explain how it is possible to have right of way when in the act of backing out of a parking spot? That can't happen.

Once you are fully out of the parking spot then right of way can be argued, but not while still technically somewhat in the spot.

Think of it as somebody that is parallel parked and pulling out. Until they are fully out of the spot and on the road, they are a fair target.