I was backing out of my driveway when someone who was stopped perpendicular at the end of my driveway in the street was sitting in their car. Is it my fault for not seeing them or are they at fault for stopping in my driveway?
Answer:
absolutely 100% your fault.
I think it depends on the state traffic laws. In Texas you would be at fault - reason you were entering a stream of traffic, it has the right of way.
The collision is your fault.
That car shouldn't have been parked there (though, if the driver was sitting in the car, it was actually "standing"). You could have asked him to move, or if it was parked with no occupant, you could have the car ticketed or towed, but the collision is absolutely your fault.
Unfortunately you will be at fault for this loss. The other party was stopped and you were backing. Think of it this way - what if it was a child standing behind your driveway, and you did not see them, so you hit them. Would you blame the child? No.
Just because a car is not where it is supposed to be is not justification for them being at fault for a collision they did not cause.
Better question for yourself and what your insurance company will be asking is - why did you not see the other driver? You stated he was stopped and sitting in their car - what, other than being at the end of your driveway, were they doing wrong? You were the one backing - you have a duty to use caution when backing.
He was stopped and you were moving. It is your fault.
It doesn't matter if he was in the right or wrong, you are the one that didn't control his car and caused the accident.
Sorry, but that's the way it is.
I think you answered your question as you backed into a stopped car. Even though it was in your driveway or area you were not looking.
If you have a crash while backing up it is almost always your fault. Sorry, you gotta watch where you are backing up.
Well, if the drive way belongs to you, then it is not your fault. The driver has proven that he's irresposible by parking at another person's driveway. However, its also partially your fault cos' you didnt watch the back of your car while backing out.
It's more and likely your fault depending on the laws in your state but i was in a similar situation.i also backed into a parked car.the other driver was cited because the curb was painted yellow in front of my driveway.i don't think the cop new his azz from a hole in the ground but hey the other dude got cited LOL.
Comeon.. regardless of WHAT was stopped in your driveway or if one person or the entire Mets team was in it, YOU backed into it.
You are responsible for the control of your car. Especially when backing up (how do you NOT see a car across the driveway anyway?)
Sorry, but its time to Cowboy up and do the right thing.
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Unfortunately it is your fault. You are responsibile for backing up carefully. If the car that you hit was stopped, then the driver of the car is not at all liable. They did not cause the accident in anyway as they were not moving. the police may give the person a ticket for parking illegaly but that wont affect anything.
Sorry!
Well it might depend. My friend backed out of her driveway and hit car that was parked in front of her driveway, and my friend didnt have to pay anything. The cop said that it was the other persons fault, because you cant park in front of a driveway.
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