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  1. #1
    SHolderness is offline Junior Member
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    Right of Way Within Parking Lot

    What is the name of your state (OH)?

    My son was backing out of a parking space and was hit by another vehicle. He states that he was well into the lane while backing up before he was hit by another car. From an insurance perspective, who had the right of way: My son who was backing up, or, the other car?

    Thank you.What is the name of your state (only U.S. law)?
  2. #2
    Zigner is offline Senior Member
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    The person who is backing has the duty to make sure he can do so safely. Your son is at fault (based on what you have presented)
  3. #3
    SHolderness is offline Junior Member
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    Thank you. As I suspected.
  4. #4
    itdepends is offline Member
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    When you ask who had the right of way, I assume you want to know who was negligent. I don't think it's possible to say who was negligent based on the facts that you presented. At least two different scenarios are plausible, and each would lead to a different conclusion.
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by itdepends View Post
    When you ask who had the right of way, I assume you want to know who was negligent. I don't think it's possible to say who was negligent based on the facts that you presented. At least two different scenarios are plausible, and each would lead to a different conclusion.
    Strange - the OP presented the facts clearly. Son was backing when it was not safe to do so. Perhaps you need to see it again?

    Quote Originally Posted by SHolderness View Post
    What is the name of your state (OH)?

    My son was backing out of a parking space and was hit by another vehicle. He states that he was well into the lane while backing up before he was hit by another car. From an insurance perspective, who had the right of way: My son who was backing up, or, the other car?

    Thank you.What is the name of your state (only U.S. law)?
  6. #6
    itdepends is offline Member
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    Quote Originally Posted by Zigner View Post
    Strange - the OP presented the facts clearly. Son was backing when it was not safe to do so. Perhaps you need to see it again?
    You're reading more into what was presented than I think was implied. But maybe SHolderness will clarify.

    What if there were no cars traveling in the aisle when the son began backing up, and then while the son's car was clearly blocking the aisle so that any car entering the aisle would be required to stop, the other car entered the aisle and hit the son's car?

    That seems plausible, and I don't think SHolderness's accounting of the facts precludes that possibility. In fact, he almost alluded to it when he wrote that his son "was well into the lane while backing up before he was hit by another car." If the son was well into the lane, then there is a possibility that the driver of the other vehicle should have seen him and stopped.
  7. #7
    tranquility is offline Senior Member
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    Ohio is a comparative negligence state. This means that a driver can collect the percentage of his damages which was the fault of the other driver. It also has the twist that a driver cannot collect if he is more than 50% at fault.

    Zinger is arguing that son is more than 50% at fault. (He might be arguing 100%, but even people who run red lights and hit others broadside can often get some percentage fault to the driver who was hit.) This means son can collect nothing for his damage and must compensate the other driver for the proportion of the damages son was responsible for. For example say the fault was 80% son and 20% other driver. Each has $1000 in damage. Son gets nothing and other driver gets $800.

    The insurance companies have "comp neg" statistics where the adjuster will negotiate with the other insurance company regarding percentage fault. (Because good comp negs looks good at performance review.) If they can't come to agreement, it goes to court where a judge or jury assesses the level of fault. If Zinger were on the jury, he would say 100% son's fault. If itdepends, he feels the other driver may have more fault than 0%. While I suspect the end result will be as Zinger says, if it ever gets to a jury, son's lawyer will try to use all his preemptory challenges on Zingers and try for as many itdepends as possible.
    Last edited by tranquility; 07-23-2008 at 03:18 PM.
  8. #8
    ecmst12 is offline Senior Member
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    One NEVER has the right of way when backing up.
  9. #9
    Zigner is offline Senior Member
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    Additionally, how will the son testify as to the position of the other car? He never SAW the other car before hitting it!
  10. #10
    itdepends is offline Member
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    Quote Originally Posted by Zigner View Post
    Additionally, how will the son testify as to the position of the other car? He never SAW the other car before hitting it!
    The son didn't hit the other car. The "son was backing out of a parking space and was hit by another vehicle."

    Under what circumstances would the son be liable for getting hit? He would be liable if he backed out so quickly that the other car could not reasonably be expected to stop.

    But according to the facts, the son was "well into the lane" before getting hit. That could mean that the other driver should have been able to stop.

    I don't necessarily think the son will win the dispute (in fact, I'd put my money on the other driver just because of odds). The point is that SHolderness didn't provide enough information to conclude who was at fault.
  11. #11
    JustAPal00 is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    One NEVER has the right of way when backing up.
    Correct, but you can't ram someone because they are backing up either!
  12. #12
    ecmst12 is offline Senior Member
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    Tranquility gave a lovely explanation of comparitive negligence. Son may be able to argue that he was only 80% at fault because the other driver had the last chance to avoid the accident. But most of the fault will be on him simply because he was reversing.
  13. #13
    Tallrat is offline Member
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    Luckily I had witnesses. I was 3/4's out of the parking space when this lady whipped around the corner and hit my truck. I was not at fault. All my truck got was a small scratch on bumper but her car received a lot of damage. She was responsible for accident. Her reasoning was she had right of way but officer told her if a vehicle is in the road, you stop. She was in a big hurry and instead of stopping she tried to go behind me and there was no room between me and cars parked behind me.

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