Parking Lot Backup Accident

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Anonemous

Diamond Member
May 19, 2003
7,361
1
71
So you guys are saying that if she had backed out, stopped completely (to change gears), and another person hit her while she was stopped that it would be her fault since she was in the process of backing out?
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
91
My front fender needs to be repaired. Guess I'll go find someone to back into me. Thank you ATOT.
 

Triumph

Lifer
Oct 9, 1999
15,031
14
81
Something I never understood about parking lots. If you park in a spot, come back and you are blocked on the left and the right by two Canyoneros and absolutely can't see anything to the left or right and can't go forward, what the hell are you supposed to do? Never back out? You can't get out of the car and look, by the time you get back in someone may be coming. I don't know what the law is, but cars backing out should have the right of way.
 

JulesMaximus

No Lifer
Jul 3, 2003
74,589
986
126
If your sister was backing up and moving when the collision occurred she would at the very least be partially at fault. When you back up, things come at you from behind and that's where you should be looking...not exclusively at your mirrors. Don't you kids take driver's education training anymore?
 

JulesMaximus

No Lifer
Jul 3, 2003
74,589
986
126
Originally posted by: Triumph
Something I never understood about parking lots. If you park in a spot, come back and you are blocked on the left and the right by two Canyoneros and absolutely can't see anything to the left or right and can't go forward, what the hell are you supposed to do? Never back out? You can't get out of the car and look, by the time you get back in someone may be coming. I don't know what the law is, but cars backing out should have the right of way.

Back out very very slowly until you can see. Oh, and when you turn your head and actually look behind you you can see a lot more than you can in your mirrors. You should never back up relying solely on your mirrors.
 

Daishiki

Golden Member
Nov 9, 2001
1,943
36
91
Other cars backing out when I'm backing out tend to worry me more. On a number of occasions I've had to shift from reverse to gear to pull forward before some dolt, who started backing out way after me but was oblivious to my car, had the opportunity to play bumper cars with me. Maintaining my ROW isn't worth the potential of a parking lot accident.
 

eelw

Lifer
Dec 4, 1999
10,361
5,510
136
Any idea how fast the other car was going? They are an idiot for attempting to sneak pass a reversing car. While yes, it is your sisters fault, this could easily been avoided just by slowing down and giving a friendly honk of the horn.
 

hongkongfever

Senior member
Dec 19, 2004
250
0
0
here's something i recently learned. if you're backing out and you hit a car, even if he's going reverse for some reason in the parking lot, it's still your fault. nice to know for people who tend to back out and assume you only have to look in the direction where traffic is flowing from.
 

thomsbrain

Lifer
Dec 4, 2001
18,148
1
0
want to explain how the other guy magically "hit" your sister's car with the SIDE of his car? did he just turn all four wheels completely sideways and crab-leg it into the back of your sister's car? no. she hit him.

a similar thing happened to me. i was backing up in a parking lot and another car got impatient and tried to zoom around me. he didn't make it, and i didn't see him until it was too late. but even though the other guy was the asshole in the situation, i was still rightfully at fault, because regardless of what the guy was doing, i was the one who ran into him.
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
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).

That's more for cases where there is clearly time to take evasive action and to prevent things like people slamming on their brakes for no reason in the middle of a freeway. It really only comes into play if someone does something obviously intentional to bait another person into an accident.

All the other person would have to do is say that she didn't notice the OP's sister or that she had thought the OP's sister had stopped to let her by.

However, the other person can still be cited for leaving the scene (this does NOT change the fact that the OP's sister is still legally 100% "at fault" for the accident).

ZV
 

Eos

Diamond Member
Jun 14, 2000
3,463
17
81
I was swiped (the front of my tractor was rubbed by his trailer while he was moving) while in the process of backing a tractor trailer into a spot once. I was completely stopped, but not completely out of the travel lane. The driver in the other T/T ran and was caught (go figure) at the freeway by the local fuzz. He was brought back and we filled out some paper work.

I never heard another word about it and never saw a mention of it on my MVR...
 

AAman

Golden Member
May 29, 2001
1,432
0
0
as pointed out up above (based on your description) your sister wasn't looking (using your mirrors is what morons do, I'm so sick of this that I lay into my horn massively now I've almost been hit so many times in the last few months) tell her to learn how to drive.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Originally posted by: AAman
as pointed out up above (based on your description) your sister wasn't looking (using your mirrors is what morons do, I'm so sick of this that I lay into my horn massively now I've almost been hit so many times in the last few months) tell her to learn how to drive.

And thank you for good use of your horn. That's what it's there for.

*HONNNNNNNNK*

"Hey, I'm here...just thought I would let you know before you back into me"
 

Triumph

Lifer
Oct 9, 1999
15,031
14
81
Originally posted by: JulesMaximus
Originally posted by: Triumph
Something I never understood about parking lots. If you park in a spot, come back and you are blocked on the left and the right by two Canyoneros and absolutely can't see anything to the left or right and can't go forward, what the hell are you supposed to do? Never back out? You can't get out of the car and look, by the time you get back in someone may be coming. I don't know what the law is, but cars backing out should have the right of way.

Back out very very slowly until you can see. Oh, and when you turn your head and actually look behind you you can see a lot more than you can in your mirrors. You should never back up relying solely on your mirrors.

How does looking behind you help you see if anyone is coming?
 

dug777

Lifer
Oct 13, 2004
24,778
4
0
Originally posted by: Triumph
Something I never understood about parking lots. If you park in a spot, come back and you are blocked on the left and the right by two Canyoneros and absolutely can't see anything to the left or right and can't go forward, what the hell are you supposed to do? Never back out? You can't get out of the car and look, by the time you get back in someone may be coming. I don't know what the law is, but cars backing out should have the right of way.

The problem, my good wonder dog, is that your argument has one fatal flaw.

What you propose suggests someone can back out as fast as they like, with no due care or diligence, and total a car driving past, but still be in the right.

That, quite obviously, is stupid, because Chewbacca is a wookie.

I rest my case.
 

jandrews

Golden Member
Aug 3, 2007
1,313
0
0
it is your sisters fault, also people tend to lie or omit things, especially women for some reason when there is a car accident. I remember seeing a post asking hardforum if there is anyway your car steering wheel can become unresponsive because a guys sister got in an accident and blamed it on that. Later she finally admitted she was talking on her cellphone like the dumb biatch she was and got in a car accident, whoops minor detail!!!
 

0roo0roo

No Lifer
Sep 21, 2002
64,795
84
91
sisters fault. she wasn't far out enough to block the lane or else the collision wouldn't have been just a scrape. she backed into a moving car. sure its possible that the guy swerved around her but its less likely. you should have been able to stop if you backed out slowly enough.
not sure why she checked her mirrors, you are supposed to turn your head.
traffic has right of way of course, not parked peeps.
What's to say he didn't come flying around the corner and she didn't have time to respond to him?

its like the rear end situation, it doesnt matter, you should have kept a reasonable following distance. by reasonable..enough to account for emergency stop. so its probably the same with backing up from park.
 

Triumph

Lifer
Oct 9, 1999
15,031
14
81
Originally posted by: dug777
Originally posted by: Triumph
Something I never understood about parking lots. If you park in a spot, come back and you are blocked on the left and the right by two Canyoneros and absolutely can't see anything to the left or right and can't go forward, what the hell are you supposed to do? Never back out? You can't get out of the car and look, by the time you get back in someone may be coming. I don't know what the law is, but cars backing out should have the right of way.

The problem, my good wonder dog, is that your argument has one fatal flaw.

What you propose suggests someone can back out as fast as they like, with no due care or diligence, and total a car driving past, but still be in the right.

That, quite obviously, is stupid, because Chewbacca is a wookie.

I rest my case.

I cannot argue with the logic that you present, but I still don't know what you're supposed to do. I guess you sit there and burn fossil fuel until someone comes out and moves their Suburban that's blocking your view.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Whenever you are backing up, everyone else has right of way period.

Whenever you are leaving a parking space, everyone else has right of way period.