whose fault would this have been?

Question

I was driving through a parking lot today trying to find a spot. Well, this car starts to pull out in front of me so I hit my breaks. The parking lines are slanted though so she was headed right for me. There wasn't enough time to back up so I layed down on my horn. She was really mad...I thought I had the right of way but now I'm not sure because she was so mad. She was within inches of hitting my car! Would it have been my fault or hers for not checking her mirrors?

Answer 1

Technically you had the right of way. Legally, there is normally no right of way in a parking lot. An accident would have been her fault, the way you described it, but it would likely have been classed as 50-50. You found a way to avoid it, and that is the main thing.

Answer 2

Almost always, anyone whose backing up and hits somebody, it is automatically thier fault (the one backing up). Well, I think most of the time anyways, I'm sure that if you said screw it and just rammed your car into hers it would be your fault. And whoever it was that said mirrors are there fro areason you are sooooo mistaken. YOU NEVER USE YOUR MIRRORS ONLY while backing up, you turn and look out the rear window. Unless thats obstucted, then use your mirrors. Looking out the front of your car while backing up makes as much sense as driving down the road while looking out teh rear view and trying to predict what the raod is doing based on what you see it has done. Not the best wording but you get what i mean.

Answer 3

When moving into oncoming traffic (whether from a side road or a parking spot) you MUST make sure it is safe to proceed. She was 100% at fault and in the wrong as she did not do this. She may have just been angry at waiting for ages for someone to be courteous and let her out, however that does not excuse her behavior, in the eyes of the Law, you had the right of way. Relax and sleep well.

Answer 4

Her fault. You have the right of way. Any time a car is pulling into the flow of traffic, the traffic has the right of way. No matter where the flow of traffic is. In a parking lot or on the freeway, merging into traffic is the responsibility of the vehicle entering the traffic, not the traffic merging with the newcomer.

Answer 5

If you were going straight & she was backing out of a parking space it would have been her fault. You are in motion it's her job to check her mirrors, I would have laid on my horn to. You did the right thing.

Answer 6

Had there been an accident, she would have been at fault. In backing out of a parking spot, she was impeding with the flow of traffic.

Answer 7

If she was backing out, she should have made sure it was clear before doing so. That said, you also need to be observant and try to avoid an accident if possible. In other words, if you see a car backing out, you should stop - not keep driving because you think they should have seen you and should stop. Both parties need to pay attention and try to prevent a collision.

Answer 8

i say it was her fault if i understand what you are saying. you were driving down the lane in a parking lot and she was backing out and almost ran into you? if that is what happened it's her fault because she is backing up and should have been looking behind her. people get pissed whether it's their fault or not... don't worry about it

Answer 9

It would've been her fault. Parking lots are a whole set of different traffic laws. But because you gave warning (i.e. the horn) then she would be liable for any damages.

Answer 10

It would have been her fault, if she had hit you. The exception would have been if you were traveling too fast for her to see you, even if she HAD been looking. The person backing up has the responsibility for looking where she was going.