Questionbasically I was driving to school in the morning and I went into the parking lot to park my truck. I like backing into spots (just a personal preference) and I checked my mirrors, and apparently there was a student on a bmx bike in my blind spot. I turned into the oncoming lane to give myself space to back in and out of nowhere he hit my door. He got up just fine and flipped me off while riding away.
A friend of mine who witnessed the crash said that the guy on the bike was doing at least 25 mph and also said the biker was tailgating me really badly, not giving ample space to stop if needed. He was also not wearing a helmet and the guy's bike is a brakeless bmx bike. Meaning that he has no way to stop but to plant his feet down.
Who is at fault in this situation? There was a large scratch on the side,(but I don't really care about the truck its pretty beat up) and he wasn't injured. But I am really worried that he will break my windows or slash a tire. If he does this what can I do?
AnswerHi Daniel,
#1 if your witness is credible and accurate, he is at fault.
#2 if your vehicle is molested or harmed, do not hesitate to call the campus police.
Let's start with the liability. Absent your witness, I would say that you would be liable. But a parking lot is one place where speed of the injured party can be an excuse for failing to yield the right of way. Here is why.
First off, the rules of the road apply in parking lots. Hence, the burden is upon YOU. You may not move your vehicle unless you can do so safely. The fact that another vehicle was in your blind spot does not relieve you of responsibility for the accident. So, you are at fault, UNLESS there is some excuse for putting your vehicle where you did.
I have to add that I cannot get an accurate picture of just what happened by your description, so part of my opinion is based upon guess work.
There are TWO reasons why speed can be an excuse for you in this incident. FIRST, the general expectation of a reasonable driver is that other drivers will go up and down the parking lanes at a slow speed, certainly no more than 7-9 MPH. Hence, when you checked to see if things were clear, you should have been able to rely upon the view that you got: clear of any vehicles.
The testimony is that the other driver was in excess of three times the expected maximum parking lot speed. Of course we are assuming that the witness is somewhat accurate in the estimate of speed. Because of his excessive speed, the guy came into that open space much more quickly than any reasonable person could expect.
The SECOND reason why he is liable is his failure to maintain a speed at which he can stop in time for the vehicle ahead of him. If he had been going at the maximum parking lot speed of 7-9 MPH, then he would have had adequate time to stop. But at three times the maximum speed, he denied himself—and you (he owed a duty to you)—the opportunity to stop in time. Hence he is liable on this analysis as well.
Just a note for your understanding of speed as a defense OUTSIDE the parking lot. It will not work to excuse failing to yield the right of way, EXCEPT in one limited circumstance. Take, for example, your vehicle trying to cross over a 35 MPH two lane county road. The approach from the left is hilly. You glimpse a car for a second, and he disappears again down a hill. You think that there is enough time to cross, but once you pull out, there he is to your left, topping the last hill at a high speed. He hits you.
NOW THAT is the only instance in which you can use speed as a defense for failing to yield the right of way on a public road. You have to have had a view, a reasonable belief that at a proper speed you had enough time to cross the road, and then lost view of the vehicle before the accident. The reason for the on-off again view is that if one has a solid view of the entire roadway, you can never claim deception by speed. That is because we believe that competent drivers are able to estimate speed if they have the other vehicle in sight the entire time.
Does that make sense, Daniel? Feel free to follow-up with any other questions.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
