Is there any chance of winning this case?

[non-ditzyblonde]

Thank you very much for the clarification, rmet4nzkx. Now we're getting somewhere.

You wrote:

US LAWS ONLY! NOT TERRITORIAL OR TRIBAL LAWS!


Do cartoon laws fall under US laws?


You wrote:

You are leaving out several important facts in your question which gave your sister several viable options.
1. The vehicle was parked in the street, not in the driveway.


Good point. The vehicle was parked in the street.

You wrote:

2. The vehicle was parked for a few minutes making a delivery.


Probably. The driver did not return to the truck for about 5 minutes after the accident. She said she went around the corner to make another delivery on the same block after making her initial delivery at the building she was parked in front of (not my sister's).


You wrote:

3. The vehicle was parked on the side of the street that was devoid of all cars due to street cleaning.


True.


You wrote:

4. Driveways are wider than the vehicles so there should have been room to exit safely even if part of the driveway was blocked.


This driveway is quite narrow. Her Honda Accord has about a foot on each side as she backs out between the building and the fence. It's about 70 feet from the curb to the parking area at the back of her apartment building. The cut in the curb for the driveway is slightly narrower than the driveway. No way to get out with the driveway even partly blocked.


You wrote:

Your turn, what are the options besides slamming into a BIG delivery truck?


She could have waited for the driver to come back or called the police. However, she saw the truck, but didn't see the lowered fender jutting into the driveway. No one's saying she's not almost entirely responsible. But isn't the truck driver at least partially responsible for blocking a driveway when that side of the street was completely empty? Isn't that even marginally negligent? Isn't the driver's irresponsibility a factor at all in this equation?

Thank you again. I'm not trying to be tedious. Really.

 

[non-ditzyblonde]

Earlier, IAAL said that "proximate cause" was relevant to this situation. According to this website, proximate cause means that:

"Responsibility for injury lies with the last negligent act that produces the injury."

Is my sister not seeing the fender the "last negligent act?" Or was it the irresponsible parking job by the truck driver?

I'm having a hard time believing that the person creating a hazardous situation has no responsibility whatsoever. How about this? I'm at a yard sale standing on the sidewalk. Some other people are milling about. I look down and my shoelaces are untied so I pull the Manual for Blondes out of my purse and find the lace-tying instructions. Concentrating with all my might, I kneel down and begin the grueling process. After three tries I just about have it when suddenly the person I inadvertently knelt behind turns around and falls over me. He breaks his priceless Casio watch and rips his special order Dockers slacks. Am I liable in any way? Surely I was in plain view and even the most farsighted individual could have seen me if he were looking.

-----o-----

I certainly believe (and appreciate) the legal advice given here and have already passed along the information to my sister. She, still angry, has downloaded the necessary forms to file in small claims.

 

[john123456]

Earlier, IAAL said that "proximate cause" was relevant to this situation. According to this website, proximate cause means that:

"Responsibility for injury lies with the last negligent act that produces the injury."

Is my sister not seeing the fender the "last negligent act?" Or was it the irresponsible parking job by the truck driver?

I'm having a hard time believing that the person creating a hazardous situation has no responsibility whatsoever. How about this? I'm at a yard sale standing on the sidewalk. Some other people are milling about. I look down and my shoelaces are untied so I pull the Manual for Blondes out of my purse and find the lace-tying instructions. Concentrating with all my might, I kneel down and begin the grueling process. After three tries I just about have it when suddenly the person I inadvertently knelt behind turns around and falls over me. He breaks his priceless Casio watch and rips his special order Dockers slacks. Am I liable in any way? Surely I was in plain view and even the most farsighted individual could have seen me if he were looking.

-----o-----

I certainly believe (and appreciate) the legal advice given here and have already passed along the information to my sister. She, still angry, has downloaded the necessary forms to file in small claims.

Ok, it's official. The nickname, "non-ditzyblonde," is a misnomer.

 

[rmet4nzkx]

Earlier, IAAL said that "proximate cause" was relevant to this situation. According to this website, proximate cause means that:

"Responsibility for injury lies with the last negligent act that produces the injury."

Is my sister not seeing the fender the "last negligent act?" Or was it the irresponsible parking job by the truck driver?

I'm having a hard time believing that the person creating a hazardous situation has no responsibility whatsoever. How about this? I'm at a yard sale standing on the sidewalk. Some other people are milling about. I look down and my shoelaces are untied so I pull the Manual for Blondes out of my purse and find the lace-tying instructions. Concentrating with all my might, I kneel down and begin the grueling process. After three tries I just about have it when suddenly the person I inadvertently knelt behind turns around and falls over me. He breaks his priceless Casio watch and rips his special order Dockers slacks. Am I liable in any way? Surely I was in plain view and even the most farsighted individual could have seen me if he were looking.

-----o-----

I certainly believe (and appreciate) the legal advice given here and have already passed along the information to my sister. She, still angry, has downloaded the necessary forms to file in small claims.

Now look up "Proxide Cause"

Was the driver also Blonde? Look up Comparative negligence which comes into play when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". However, your sister wasn't forced to slam into the BIG delivery truck.

Your description of the driveway enterence is not up to code, even so she could have driven over the curb off to the side and avoided hitting the BIG delivery truck.

The thing is, she could have done several things, including reporting the illegally parked vehicle to the police and the trucking company in addition to avoid hitting the BIG parked delivery truck, she didn't think.

As to your Yard Sale example, Silly, you need someone to read the manual to you, that was your first big mistake, then you should have asked the Docker decked dude to tie your shoe for you Other options include slip on shoes or velcro fasteners if you cannot tie your shoes.

After your sister file in ssc, she should call Judge Judy. Be sure to update us with the results. Who does she plan on sueing?

 

[non-ditzyblonde]

John123456,

There are certainly situations where comparative negligence comes into play. Perhaps this isn't one of them, but it's interesting to play around with the variables.


rmet4nzkx,

Thank you for your feedback.

You wrote:

"Was the driver also Blonde? Look up Comparative negligence which comes into play when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". However, your sister wasn't forced to slam into the BIG delivery truck."


The other driver was and is still (as far as I know) a brunette.

Comparative negligence is exactly what I'm talking about. Even though everyone's comments seem to make this a cut-and-dried case, the CONCEPT is what intrigues me. Would a reasonable person see a big truck parked legally and also check for a large, lower fender jutting 30 inches into the driveway? Probably. Would a reasonable person not park on an empty street so as to block a driveway with their fender? Probably.

No, my sister was not forced to slam into a truck. But again, I think there's a larger issue here. Say, for example, that someone parks their car and has their fishing poles sticking out of their trunk. These poles are visible but not easy to see at first glance- especially if you as a reasonable person expect the driveway to be unblocked. You back out and hit them. Surely the owner of the parked vehicle can't say "nobody forced you to hit the poles" and walk away. But this is where your emphasis on the "BIG" truck comes into play, and I understand this. And agree with you.


You wrote:

"Your description of the driveway enterence is not up to code, even so she could have driven over the curb off to the side and avoided hitting the BIG delivery truck."


The driveway may not be up to code. With the building on one side and the raised landscaping of the property next door on the other, there's no practical way to get out of this space except straight out through the driveway. Not much wiggle room



You wrote:

"The thing is, she could have done several things, including reporting the illegally parked vehicle to the police and the trucking company in addition to avoid hitting the BIG parked delivery truck, she didn't think."


You're right. But it wasn't as if she walked out the front door, saw the truck and bumper, and decided to plow through it anyway. She did not see the vehicle until she was backing up, whereupon she saw the BIG truck but did not see the LOWERED fender sticking into the curb cut out.

The issue seems to be the visibililty of the object she hit. I would imagine that if someone left their clear crystal ornamental surfboard sticking out of their trunk and you backed up and hit it, they might be held liable.


You wrote:

"As to your Yard Sale example, Silly, you need someone to read the manual to you, that was your first big mistake, then you should have asked the Docker decked dude to tie your shoe for you Other options include slip on shoes or velcro fasteners if you cannot tie your shoes."


Ha! See, this is why I've enjoyed our exchange here. Nice to chat with someone who has wit and a sense of humor along with legal knowledge. The velcro fasteners sound fantastic. As soon as I find out what velcro is I'll look for them.


You wrote:

"After your sister file in ssc, she should call Judge Judy. Be sure to update us with the results".


She wants to file against the driver and UPS. But I think once she cools down she may change her mind.


Much appreciated, rmet4nzkx.