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ChaseTheSun · Feb 24, 2010, 11:24 AM

I was pulling out of a gas station and going to turn left and I pulled a little to far into the street, so I went to reverse, only checking my rear veiw mirror and driver side mirror, and hit a car. The other car was pulling on the right side of my car to turn right as I hit them so I hit the left back corner. I assumed it was my fault at 1st because I didn't check all my mirrors and l reversed, but I was just told it is illegal to pull up next to a car pulling out of any driveway to go the other direction. And if they had been directly behind me instead of to my side I think I would have seen there car and head lights on, so is it my fault or theirs?

Wondergirl · Feb 24, 2010, 12:02 PM

The problem came when you reversed. The insurance companies will make the final determination, but my guess is the accident was your fault.

JudyKayTee · Feb 24, 2010, 12:17 PM

I'm a liability investigator - it is my opinion that the cause of the accident was your failure to look/observe before reversing - therefore, you are 100% responsible.

Anything the other driver did or did not do did not contribute to the accident. This is similar to a question where the other party is drunk at the time of the accident but is backed into - the "drunk" condition is not a contributing factor.

AK lawyer · Feb 24, 2010, 12:46 PM

Originally Posted by JudyKayTee

... Anything the other driver did or did not do did not contribute to the accident. This is similar to a question where the other party is drunk at the time of the accident but is backed into - the "drunk" condition is not a contributing factor.

Ah, but the OP said,

Originally Posted by ChaseTheSun

... I was just told it is illegal to pull up next to a car pulling out of any driveway to go the other direction ....

I tend to agree with your analysis, JudyKayTee, but the other driver apparently did "contribute to the accident", apparently by violating the rule-of-the-road that the OP cites. So isn't there at least some contributory negligence?

justcurious55 · Feb 24, 2010, 12:53 PM

Is that actually even a law though? I've heard all sorts of things, they're not always true though.

AK lawyer · Feb 24, 2010, 01:04 PM

Originally Posted by justcurious55

is that actually even a law though? i've heard all sorts of things, they're not always true though.

I don't know. Since ChaseTheSun failed to indicate which state he/she is in, it would be difficult to research the law of the particular state involved.

JudyKayTee · Feb 24, 2010, 02:10 PM

Originally Posted by AK lawyer

Ah, but the OP said, I tend to agree with your analysis, JudyKayTee, but the other driver apparently did "contribute to the accident", apparently by violating the rule-of-the-road that the OP cites. So isn't there at least some contributory negligence?

No - I don't see anything that the other driver did that was contributory BECAUSE the OP posted that he/she didn't look. People post all the time that the other driver was intoxicated. Does that change liability? In my eyes, no. The cause of this accident was that driver didn't look.

"We" can guess what would/should/could have happened if other driver had not been there BUT we KNOW there would not have been an accident if OP had checked.

I am only telling you how I see it. Some other investigator could have another opinion. An Attorney (if the accident is serious) could recommend a lawsuit for contributory negligence.

What I have posted is my opinion based on years of investigating accidents.

I also don't think the law matters much - OP has already stated the cause of the accident.

As a side note - OP is one of the few who post exactly as it happened, including their own participation/fault, a trait I admire and commend.

JudyKayTee · Feb 24, 2010, 02:11 PM

Originally Posted by justcurious55

is that actually even a law though? i've heard all sorts of things, they're not always true though.

Assuming there are two exit lanes and nothing says "no left" or "no right" or there are arrows indicating traffic flow I don't understand why such a law would be on the books. (Of course, you can't kiss a cow in Dakota - or someplace - by law.)

I find this law (if it exists) to be immaterial. That was not the cause of this accident.

ebaines · Feb 24, 2010, 03:43 PM

I agree with JKT - I've never heard of a regulation like the one the OP is describing, and in any event I would bet that the parking lot is private property and so such a law (if it exists) probably doesn't apply. But this is just an opinion.

twinkiedooter · Feb 24, 2010, 05:09 PM

Anytime you back your car up the accident is on you - not who you hit. The other car assumed you were exiting the driveway and just moved up. Logical. I am not aware of any such law as the OP was suggesting. I always look around when backing up even at the supermarket parking lot. I get swivel neckitis from so much neck turning it's horrendous - but - I haven't backed into anyone and have not had anyone back into me. And this is just not luck either. It's plain, old common sense to look all around without chitzing as some phantom car can and will come up beside you just waiting for you to back into them.

Fr_Chuck · Feb 24, 2010, 05:57 PM

Without looking at the drive, if one car is turning left, another car often goes to the right side to turn right, if there is room for both right and left turn lanes.

When you reversed, that moved you into a different direction,

Not knowing the layout ( would have to have seen the accident scene and make drawings. Since it was on a parking lot, ( and that is private property here ) a lot of traffic rules itself are not in effect.
So normaly it is a matter of whose actions set in motion the accident.

I would say it was your fault, could I make some argument that the other driver had perhaps a little fault, not in its own lane, improper passing ( maybe) but I doubt it would fly.