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Car parked in red zone hit

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Med22

Junior Member
What is the name of your state?
CA

My car was parked in a red zone next to the mailbox at my apartment complex for 30 seconds and was hit pretty well by a woman backing out of a parking spot. It was 5pm (dusk) and my emergency flashers weren't on (don't know if that makes any difference or not).

Who is liable?!! If it's partial liability then about what percent each way?
 


I AM ALWAYS LIABLE

Senior Member
Med22 said:
What is the name of your state?
CA

My car was parked in a red zone next to the mailbox at my apartment complex for 30 seconds and was hit pretty well by a woman backing out of a parking spot. It was 5pm (dusk) and my emergency flashers weren't on (don't know if that makes any difference or not).

Who is liable?!! If it's partial liability then about what percent each way?


My response:

You were contributorily negligent. 90% = you; 10% = her.

IAAL
 

teflon_jones

Senior Member
Regardless of where you were parked, whether your flashers were on, etc, it's her fault for hitting you. She's 100% at fault.
 

I AM ALWAYS LIABLE

Senior Member
teflon_jones said:
Regardless of where you were parked, whether your flashers were on, etc, it's her fault for hitting you. She's 100% at fault.


My response:

Your opinion makes about as much sense as mine. How do you know how this happened? Perhaps there was an incline, or a bend, making the view difficult or impossible until the last moment. Have you seen pictures?

IAAL
 

Med22

Junior Member
to clarify, no bend, no lack of visibility, no high volume area, and was pulled well to the side of the road... but it was a red zone.

i understand i shouldn't have been there, even for a second, but does that make it ok to hit my car?

i just need to know so i can figure out if i push filing with insurance or not...but i REALLY don't need a point on my record.

i can post a pic of the setup if it helps?
 

I AM ALWAYS LIABLE

Senior Member
Med22 said:
to clarify, no bend, no lack of visibility, no high volume area, and was pulled well to the side of the road... but it was a red zone.

i understand i shouldn't have been there, even for a second, but does that make it ok to hit my car?

i just need to know so i can figure out if i push filing with insurance or not...but i REALLY don't need a point on my record.

i can post a pic of the setup if it helps?

My response:

So, why the hell didn't you think these facts were important enough to place in your initial post? Do you think any of us want to play "20 Questions" with you?

IAAL
 

Med22

Junior Member
thought maybe it didn't matter, that it was a black and white kind of thing.

sorry for the trouble and thanks for the help?

i really do appreciate it....
 

teflon_jones

Senior Member
I AM ALWAYS LIABLE said:
My response:

Your opinion makes about as much sense as mine. How do you know how this happened? Perhaps there was an incline, or a bend, making the view difficult or impossible until the last moment. Have you seen pictures?

IAAL
If the view was difficult or impossible until the last moment, or any other factor like this, then the driver that hit this person's car was the one to take them into account, not the poster. Hence, it was the driver's fault, not the poster. The simple fact is that a person hit a parked vehicle. Where it was parked makes no difference. The only thing for the poster is that they could have received a parking ticket if the police had been called and they were authorized to ticket on this private property by the owner of the lot. Otherwise, it's a simple case of somebody hitting a parked vehicle.
 

Lynx 36

Member
Quote: "
If the view was difficult or impossible until the last moment, or any other factor like this, then the driver that hit this person's car was the one to take them into account, not the poster. Hence, it was the driver's fault, not the poster. The simple fact is that a person hit a parked vehicle. Where it was parked makes no difference. The only thing for the poster is that they could have received a parking ticket if the police had been called and they were authorized to ticket on this private property by the owner of the lot. Otherwise, it's a simple case of somebody hitting a parked vehicle."

Yep, the driver backing out of the parking space is 100% at fault.
 

You Are Guilty

Senior Member
OK, I'll bite. What the heck is a CA "Red Zone"? I'm going out on a limb and guessing it has nothing to do with the 10 yards immediately outside the end zone.
 
Red Zone

In California, our "zones" are painted pretty colors:

21458. (a) Whenever local authorities enact local parking regulations and indicate them by the use of paint upon curbs, the following colors only shall be used, and the colors indicate as follows:

(1) Red indicates no stopping, standing, or parking, whether the vehicle is attended or unattended, except that a bus may stop in a red zone marked or signposted as a bus loading zone.

(2) Yellow indicates stopping only for the purpose of loading or unloading passengers or freight for the time as may be specified by local ordinance.

(3) White indicates stopping for either of the following purposes:

(A) Loading or unloading of passengers for the time as may be specified by local ordinance.

(B) Depositing mail in an adjacent mailbox.

(4) Green indicates time limit parking specified by local ordinance.

(5) Blue indicates parking limited exclusively to the vehicles of disabled persons and disabled veterans.

(b) Regulations adopted pursuant to subdivision (a) shall be effective on days and during hours or times as prescribed by local ordinances.
 

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