Contributory Negligence Question

Armyguy120 · #1 03-24-2006, 11:08 AM

What is the name of your state? IL

I was turning into a parking lot from a busy one way street and there was a driver who chose to take up the entire entrance to the parking lot while he was attempting to exit. I chose to turn in on the side of his car which offered the maximum amount of space, but it was still not enough. Our vehicles scratched slightly on the bumper.

My question is, does turning in on the incorrect side of the vehicle negate any option of contributory negligence? Or, can I even make a contributory negligence claim in this case? I have two witnesses who testify that he was indeed in the center of the parking lot entrance.

seniorjudge · #2 03-24-2006, 02:06 PM

Quote:

Originally Posted by Armyguy120

What is the name of your state? IL

I was turning into a parking lot from a busy one way street and there was a driver who chose to take up the entire entrance to the parking lot while he was attempting to exit. I chose to turn in on the side of his car which offered the maximum amount of space, but it was still not enough. Our vehicles scratched slightly on the bumper.

My question is, does turning in on the incorrect side of the vehicle negate any option of contributory negligence? Or, can I even make a contributory negligence claim in this case? I have two witnesses who testify that he was indeed in the center of the parking lot entrance.

I don't think you understand what "contributory negligence" is. (Google that term and research it a bit).

In any event, if you feel the person caused your accident or is somehow liable, then sue that person in small claims court and let the court decide how to handle it.

[url]http://www.state.il.us/court/CircuitCourts/JuryInstructions/default.htm[/url]

MandyD · #3 03-24-2006, 03:10 PM

It wouldn't matter if he was or wasn't in the center of the exit. You erred when you calculated that there was enough room for your car to clear his when you turned. There clearly wasn't and that isn't anyones fault but your own.

Happy Trails · #4 03-25-2006, 12:02 PM

Quote:

Originally Posted by MandyD

It wouldn't matter if he was or wasn't in the center of the exit. You erred when you calculated that there was enough room for your car to clear his when you turned. There clearly wasn't and that isn't anyones fault but your own.

I agree....

You knew that the other driver was there and thought you could make it around him safely, you were wrong.