parked across driveway - accident liability

[countrychase]

What is the name of your state (only U.S. law)?
Florida
My neighbor parks on the street blocking his his driveway as a result making exiting my drive way on the opposite side of a narrow street very difficult. Florida traffic law prohibits parking on the street blocking drive ways , 316.1945(1)b).
If an auto exiting my driveway should dent his car parked on the street blocking his driveway, would culpability be limited because his car was illegally parked?

Having asked him to please move his car so it will not be hit, he replied with a suggestion that I see a proctologist.

[racer72]

In 99.8% of cases like this, the vehicle doing the backing would be at fault. It is a driver's responsibility to avoid all objects, even illegally parked vehicles. Perhaps a visit from your local police department will convince the guy to park legally.

[JETX]

Originally Posted by countrychase

Florida traffic law prohibits parking on the street blocking drive ways , 316.1945(1)b).

That law prohibits someone from blocking ANOTHER persons driveway, not his own.

If an auto exiting my driveway should dent his car parked on the street blocking his driveway, would culpability be limited because his car was illegally parked?

You can certainly try to argue partial liability on his part, but it is unlikely the court would agree.

[FlyingRon]

Actually, in his state it doesn't give you any preference for blocking his own driveway (unlike certain other states that allow you to do so).

Doesn't really affect the issue one way or another, however.

[ecmst12]

If you hit him, it will be 100% your fault. However, if he's parked illegally, have him towed. That ought to teach him a lesson.

[Alex23]

What really gets me is people who complain about cars ON THE OTHER SIDE OF THE STREET blocking their driveway access.

Have you ever gotten a note like this," please don't park opposite our driveway, it makes it tough to get out".?

Like I care?

[ecmst12]

Do you really want to put your car in a position where someone is likely to hit it? And if you're a jerk about it, then most likely if you DO get hit, they're not going to bother to leave a note, and you won't be able to prove who hit you, so you'll have to fix it yourself.

[Alex23]

Originally Posted by ecmst12

Do you really want to put your car in a position where someone is likely to hit it? And if you're a jerk about it, then most likely if you DO get hit, they're not going to bother to leave a note, and you won't be able to prove who hit you, so you'll have to fix it yourself.

If someone is intent on hitting your car, it hardly matters whether it is in front of a driveway or ten feet back in front of the curb. Just having a car on the street puts it in a position to be hit, and people will hit cars that are legally parked and not leave notes, so your reply is moot. Parking in front of one's driveway doesn't make him a jerk. The jerk is the neighbor who lives across the street who thinks he can tell everyone else how to park.

Now, if you want to talk about jerks, how about the people who park in their driveways and leave their cars blocking the sidewalk?