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Parked car hit by moving - who is at fault?

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You Are Guilty

Senior Member
Have you looked in to the definition of a "roadway" by any chance?
Mr. Rhetorical strikes again! :p

(It's ok, I'll give you one free pass on this, but that's all you're getting OP!)
VTL said:
§ 140. Roadway. That portion of a highway improved, designed, marked,
or ordinarily used for vehicular travel, exclusive of the shoulder and
slope. In the event a highway includes two or more separate roadways the
term "roadway" as used herein shall refer to any such roadway separately
but not to all such roadways collectively.
And before you ask:
VTL said:
§ 118. Highway. The entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
and
VTL said:
§ 134. Public highway. Any highway, road, street, avenue, alley,
public place, public driveway or any other public way.
and
VTL said:
§ 129-b. Parking lot. Any area or areas of private property near or
contiguous to and provided in connection with premises having one or
more stores or business establishments, and used by the public as a
means of access to and egress from such stores and business
establishments and for the parking of motor vehicles of customers and
patrons of such stores and business establishments.
and finally,
VTL said:
§ 129-a. Parking area of a shopping center. An area or areas of
private property totaling at least one acre, near or contiguous to and
provided in connection with premises having one or more stores or
business establishments, and used by the public as a means of access to
and egress from such stores and business establishments and for the free
parking of motor vehicles of customers and patrons of such stores and
business establishments.
In a nutshell, public parking lots are usually considered "highways" for purposes of the VTL.

Good luck.
 


kmanbootman

Junior Member
Zigner

- I didn't look up the definition of "roadway" through NY state laws terms. I am not a lawyer but I do work in due diligence investigations for hedgefund managers, insurance fraud, class action litigation support etc. My experience lies there..., I know with all the legal mumbo jumbo I read that there is a lot of "operational" definitions for things (i.e. the law definition of roads versus webster's). That was the point of my question...

I hope that you are actually trying to be of help and not sarcastic, as I read your post. I was attempting to ask an honest question and therefore I find no reason for you to give anything but an honest answer, or nothing at all...

Thanks,
 

kmanbootman

Junior Member
You are guilty

Thanks my friend - I appreciate the free one!! Not that I plan on getting in more car troubles..., but could you forward me your contact info in the case that I do? You seem to know your stuff and if you are licensed in NY and I have a problem in the PI area I would like to repay your extra efforts here by running by the case by you (when you might stand to make some bread in return). Unfortunatley this case will porbably total no more than $2000 for each parties dammages... I am sure not that interesting for you!
:)
Thanks again,
 

Zigner

Senior Member, Non-Attorney
The point I was trying to make (which SJ made much more thoroughly than I) is that the rules apply in a parking lot.
 

You Are Guilty

Senior Member
Thanks for the kind words, but I don't accept cases or do work beyond my posts here. (In fact, I don't even handle traffic law cases. It's merely a "hobby" of mine because I've gotten uh... "several" tickets myself over the years).
 

kmanbootman

Junior Member
Moburkes

wasn't trying to solicit... are we not allowed to as for information from the people replying ot our inquiries? Sorry, I am a new member and didn't know the rules :(
 

moburkes

Senior Member
wasn't trying to solicit... are we not allowed to as for information from the people replying ot our inquiries? Sorry, I am a new member and didn't know the rules :(
No. Talk through the board or through PMs but don't ask on the board for contact information. It would be nice for you to remove your other post, too. If you want a local attorney there are links on the tops and bottoms of every page.
 

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