When backing or of a parking spot whos at fault?

Question

Ok last week my G/F was backing out of a parking spot and she was scrapped by a lady speeding down the parking lane. The other lady placed a claim stating if was my G/F’s fault. The insurance company is also stating that its my G/F’s fault because of Texas law. Well this seems like BS to me. I understand she was backing out of a parking space but if a car is parked on the side of you and if you don’t have x-ray vision your not going to see a oncoming speeding car. There for I feel it’s a 50/50 fault. Because I was always taught to watch for cars when driving down a parking lot.

So can any point me into the right direction to find proof with what they are stating is correct?

Oh and one more thing if by law this is true. Then that means i can speed down parking lots all the time now and never watch out for people backing up. Therefore this is the reason why i would like to see where this law is in writing.

Answer 1

I agree it should be 50/50, unfortunately it doesn't work out that way though. I know for myself, it's difficult trying to back a compact car out from between two dumb@ss SUV's when you've got people screaming through the parking lot at 40+mph. People are idiots when it comes to that. And whoever said get someone to help you back out...nice thought, but you can't always get help doing that. It's simple, everyone needs to SLOW WAY DOWN IN PARKING LOTS!!! Get off your phones and nav systems and everything else and PAY ATTENTION!!! It is often quite impossible for the car backing out to see you, and what if a child were to step out in front of you? Is where you're going so damn important you want to injure a child? Think about it, you can't stop in time at the speeds most of you do. My final piece of advice is to TRY to park in a place where it is easier to get out of, sometimes backing it in can make your departure easier. Better luck to you and your girlfriend, sorry others are so ignorant.

Answer 2

Your girlfriend would be deemed at fault because she was reversing into the path of an oncoming vehicle. Unfortunately the speed of the other driver is irrelevant because it cannot be used as evidence if the case went to court.

The other driver was driving down the main lane of the carpark, therefore she had right of way. Yes, your girlfriend doesn't have x-ray vision, however she should have reversed with extra caution if she couldn't see properly, and she would have been able to stop in time to avoid a collision, had she been reversing with extra caution.

Answer 3

Most places, if you are backing out of a parking space into a lane where other card are driving, it is only legal for you to do so if the driving lane is clear of the other traffic.

If you get into a parking space where you need X-Ray vision to see if it is safe to back out then you have no business parking there in the first place.

This is one reason why when I park, I try to back into the parking spot, so I don't need X-ray vision when it is time to leave.

Answer 4

That is a hard call. The police will not write a report if it happens in a parking lot. They say it is provate property. So there is not an easy way to detemine who is at faul. You could say that your G/F failed to yield the right of way, or you could say that the other woman was speeding.

Since you have already said that the insurance compamy has determined that is your G/F's fault, then there is not much you can do really.

I have also had bad experiences in a parking lot. Good luck.

Answer 5

As far as my understanding goes, people backing out or pulling out of a parking space should YIELD to traffic already in the street or lane. If you cant see then you need to do something about that like asking someone to help you back out by looking out for traffic while you back your car out. I say it's your girlfriends fault, although anyone driving in a parking lot needs to be aware of people pulling out of spaces and slow down.

Answer 6

Regardless of speed, your g/f was at fault b/c she should have looked or ask you to get out. Your g/f have to watch for other cars coming up or down (for those who go the wrong way). I know that this was not what you wanted to hear but it is the truth.

Answer 7

because evidently no twist of fate got here approximately there is not any fault. in case you have been waiting to hit 30mph in opposite you will possibly desire to be stated for utilising whilst on the cellular telephone. If by utilising some hazard somebody else hit you going 30mph then you definately the two have some criminal duty. you're in charge for failure to pay finished interest whilst conversing on the telephone and the different driving force is in charge for severe and reckless velocity as you won't have incredibly estimated the different automobile. the two might desire to be shown except there became an admission. Your call is far less complicated to instruct that the different guy or woman's severe velocity. this might have been on inner maximum components making it extra complicated. Your coverage service might desire to be waiting to choose for the matters yet once you admitted to being on the telephone their case would be resolved straight away by utilising admitting you backed into the path of site visitors whilst distracted on a cellular telephone. do no longer tension over that yet study to on no account admit to criminal duty as that complicates you protection. you have 2 components working against you; one million) You backed into the floe of site visitors 2) You have been admittedly and voluntarily distracted.

Answer 8

Both drivers can be faulted, but your girfriend will be held responsible because it was her responsibility to ensure she had a clear area to back into. Yes, the other driver may have been speeding, but unless a police officer witnessed her speeding, neither you or your girlfriend are qualified to estimate her speed, thus it can't be proven.

Sorry, but they're right.

Answer 9

It totally makes sense what you're saying. That other lady shoulda been going slower and watching better. But the law says it's her fault. Bummer, but she should maybe be a bit more careful next time?

Answer 10

you