Question: when backing out of a parking space...who has the right of way?

Discussion in 'Off Topic' started by Fausto, Jun 4, 2003.

  1. Fausto

    Fausto Elite Member

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    Yeah, well....most of the motorists here in Atlanta are assholes, so that doesn't happen very often unfortunately. :frown:

     
  2. Tom

    Tom Lifer

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    "I drive into my apartment complex, double-park in back of row of cars parked head-in. I go into office, pay rent. As I come out, I see guy get into his car, parked right next to me. (Imagine a "T" shape; I'm the top of the T, he's the straight line).

    He gets in, starts the car, puts it in reverse, NAILS the gas and slams into the side of my car!"

    While the guy was wrong and his insurance paid you, this is an example of why besides being inconsiderate, it's a bad idea to park in places that aren't meant for parking. The guy that hit you could have looked for moving vehicles , which is what should have been in his path. There wasn't supposed to be a car parked behind him. A person's reactions and response are programmed to look for the expected, not the unexpected.
     
  3. MrBond

    MrBond Diamond Member

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    Here's a minor derailment (sorry:))

    Rode my bike to the store yesterday to buy milk. Being on a bike, you learn to take the path that few cars go down, just to limit your chance for harm. The driveway out is fairly long, there's a big bare spot sometimes people park in coming up on the right, there's a few cars in there. I'm going fairly fast (downhill only slightly). I'm probably 30 feet from the cars parked perpendicular to the drive, and one starts to back out. I hit the rear brakes hard, hoping to slow down fast enough that I can either a) use my front breaks and not get pitched over the handlebars or b) not hit the car as fast as it was too late to turn at the rate the car was backing out. He sees me, and stops just in time and my anticipated evasion turn gets me around him.

    Had I hit him, would it have been my fault? These aren't "offical" parking spaces, but at least four cars park there daily.
     
  4. Demon-Xanth

    Demon-Xanth Lifer

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    Generally cops side against who the last person to be able to avoid the accident. If you are 2/3rds of the way out, and someone comes blasting down the aisle, they'll get nailed since they should have been able to stop. Now, if they had stopped and you backed into them, then you're at fault. And generally, the vehicle changing direction has to yeild to the vehicle that's maintaining direction.

    Though that's why I have a policy of NEVER insisting on the right of way.
     
  5. mpitts

    mpitts Lifer

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    Interesting that you should bring this up.

    Many years ago, I got caught in a similar situation. I was backing out of a parking spot at a Best Buy when someone tried to drive past me. I was blocked by a huge truck that was parked next to me and couldn't see. This guy admitted that he saw me backing out and continued on, expecting me to stop. I hit him right in the driver side door.

    The police came, but they said that because it happened on private property (a store parking lot) that they wouldn't issue a ticket to either of us. In talking to him, he said that since the driver saw me pulling out and that my view was obstructed, it was HIS responsibility to yield right of way and let me pull out.

    Just thought I would share. :D This was in Michigan about 8 years ago, if anyone cares. :D
     
  6. Vic

    Vic Elite Member

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    Hehe... that was funny. Dipsh!t probably did it on purpose thinking that you would be at fault for double-parking. Hilarious.

    FYI: unless you own the property, traffic laws due apply on private property like (for example) a Home Depot parking lot. If you run past a stop sign (or one of those little stop lines) in a private parking lot, you can still get a ticket if a cop witnesses the event and decides to issue you one.
    Having the back of one car hit the front of another does not make anyone instantly at fault in any state. That's a myth. The issues are always which car was moving and in what direction, who was the last driver able to prevent the accident, and/or who was the driver who started the chain of events that lead to the accident. For example, in '97, while waiting on a steep hill before a stop sign, the car in front of me at the stop sign had a novice driver who could not properly operate a manual and he rolled back into me (causing minor damage). Despite the fact that the back of his car hit the front of my car, he was still found to be at fault because (1) I was stationary and (2) his actions caused the accident. His insurance company cut me a check rather quickly.

    In Fausto1's case, by law the driver backing out of the parking space has to yield the right-of-way to the driver already established and driving in the lane. It is, however, customary for the driver in the lane to be polite and yield the right-of-way out of either courtesy or because they might want the parking space.
    No one should ever insist on the right-of-way. Idiots abound out on the roads, and "He insisted on the right-of-way" is something that's probably been written on a few folks' tombstones.

    edit: hmm... maybe Michigan is different.
     
  7. FoBoT

    FoBoT No Lifer

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    the person parked has to wait to back out
     
  8. DrPizza

    DrPizza Administrator Elite Member Goat Whisperer
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    Egads! Don't attribute that to me! I disagreed with it! Always pull into a parking spot...
     
  9. Lyfer

    Lyfer Diamond Member

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    Wow, I hope you don't have your drivers license.
     
  10. dman

    dman Diamond Member

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    Most places in S.FL have the one way parking lots. Which begs the question, are you still responsible for looking for traffic coming the wrong way. I am under the impression the answer is yes. I always look both ways anyway.

    The other annoyance is when it is clear to go, you get about 90% backed out and one of those idiots that comes flying through has the balls to honk their horn because you are slowing them up. I'm already out of my spot, you weren't even in the lane when I backed out and now you honk, FU!

    Lastly, (quite a few years back) I was backing out of my parking spot at a bank. I was all the way out, stopped, and getting ready to go forward (shifting from R to D) and I suddenly see another car flying backwards at me. Was in shock, didn't even get hand to the horn. Boom... right into my door.

    Cops came out (actually the parking patrol came out) and they refused to say the person who hit me was at fault. Tried to say that I flew out my spot and blocked his way... which I did not do, nor were there any skid marks from where I would have had to slame on the brakes so quick, nor were there any scratches on my car if I was still moving... it was just a solid dent from where his trailer hitch hit me. Anyway, The 'officer' said she'd write us both tickets or neither one of us. I chose no ticket. His insurance ended up paying for the damage. But, as others said, parking lot accidents suck because they are private property and the police don't want to get involved. Definitely get a witness to give you their name if you think you are in the right.

     
  11. BatmanNate

    BatmanNate Lifer

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    Whoever has the bigger car. :D