Car incident question?

Question

Here's a hypothetical:

"Lucy" drives a very large, high van for a wheelchair bound woman, "Martha." Lucy and Martha go out for dinner one evening. Martha has to use the restroom before leaving, so Lucy goes outside to the van. It is not parked in a handicapped spot because they were all full when they got to the restaurant.

Lucy lowers the lift, which is approximately 1 1/2 - 2" thick. When she lowers it, it becomes almost flush with the ground, and is now resting in the adjacent parking space. Lucy doesn't want any bugs in the car, so she closes up the van doors and goes and sits in the front of the van. There are no console lights on, nor are the headlights on. MORE..

"Emily" drives into the parking lot and notices several empty spaces next to the van. It is late at night and the parking lot is black asphalt. She cannot see anyone in the van and as far as she knows the van is empty. She passes the front of the van and begins to turn into the empty parking space next to it. As she begins to turn, a horn honks. Emily starts a bit and looks around. She notices a previously unseen silhouette in the van next to her. Knowing that she is not in danger of hitting the van, she assumes that the driver was beeping to alert another person as to where the van was. All of these thoughts occur while Emily slowly continues pulling into the parking spot and realizes that she's run over something. She begins to back up and realizes she's still on whatever it is she's running over. She puts the car in "Drive" and pulls into the space "in front" of the one she's currently in. Emily assumes that there was some strange speed bump or curb in this space.

She gets out of her car and finds the doors on the van opening up (they're not the sliding doors, they're the actual doors that open out). Then and only then does she see the wheelchair lift is flush with the ground, ready for a wheelchair to be loaded onto it. She had no way of seeing the lift on the ground as she came around the van because no one can see around a corner and by the time she had cleared the front of the very tall van, the front of her car was over the lift making visibility impossible.

A police officer comes out and does not cite either driver. He indicates it's for the insurance companies to work out.

On the way home, Emily also wonders why Lucy didn't pull sideways into the spaces so that when the lift was down it was not dropped into a space that someone would use as a parking space. She also considers that Lucy could have stood next to the lift to make sure it was safe. Emily also wonders why Lucy didn't just wait for Martha to be done and walk out together. Emily feels that Lucy had many options and chose to take the easy/negligent way out, while Lucy feels that Emily should have seen the lift and was thus negligent.

If it's relevant, assume Martha did not come out to the vehicle until after the incident occurred.

Who's at fault and why?

Answer 1

Asuming Emily didn't cross any lane lines and that she hadnt been drinking it would be Lucy's fault. You can't put something on the ground then walk awy from it so other people cant reasonably see theres something there. Ive seen thes liftes before and I know that they lie aginst the grouned. I dont think Emilys headlight being strong enough ment anything.

Answer 2

In most states, this would be a case of contributory negligence. That means that both parties are partially at fault, and the party that is more than 50% would pay the other party for the damages, but only for the percentage that they were at fault. For example, if the insurance companies decide that Lucy is 25% at fault and Emily 75% and the damages were $1,000, Emily would have to pay Lucy $750 (75% of the damages).

I am not sure of the percentages that would be worked out, but Emily would be the larger percentage, at least in Texas. As a general rule, the person in the moving vehicle that hits a stationary object will be at fault. Given the lack of markings and the way the vehicle was parked, Lucy would probably also be found partially at fault. If it went to a court case, I would say it would be somewhere between the 75-25 split and a 60-40 split.

In real life, the damages are so low and there are no injuries, so it would not go to court (most lawyers won't sue unless there are injuries to get more money). The insurance companies would probably agree to pay for each person under their comprehensive to avoid the liability question completely.

Answer 3

Well, the insurance should be the one to deal with it, but I think their decision might be 50/50. Partially Lucy's fault for leaving the lift out, partially Emily's fault for not seeing it... I'm not sure, this is a tought problem... Good luck with it, let us know what happens!

Answer 4

Both are at fault.
1 not having any lights on, Not in a valid parking spot ot even an loading or unloading zone.

2.The other person failed in controlling thier vehicle from hitting another object.

Looks like a NO-FAULT case to me.

Answer 5

Officer's do not write tickets on private parking lots.
It is for the insurance companies to work out.

Answer 6

Lucy.

If it was dark and the ramp flush with the ground, she should have 1. not had it down yet or 2 stood next to it.

Answer 7

In my opinion, i think Emily needs to get some better head lights.

Answer 8

ITS AMERICAS FAULT , AND ISRAEL , AND THE U.K.
BUSH DID IT , RUMSFELD , OR WAS IT RICE , NO, IT WAS
THE DEVIL , THE OTHERS , THE PEOPLE UNDER THE STAIRS
, EVIL WHITE MEN DID IT , HEHEHEHEHEHEHEHEE BWAAAAAA
HAAAAAHAAAAAA

Answer 9

Far too long explanation!!!!

Answer 10

its for reasons like this that i dont believe women should be allowed to drive