QuestionI was involved in my first car accident today, a minor fender bender, and was wondering who will be considered at fault. It occurred on private property in a parking lot (so no police report was filed). Both myself and the other driver were parked next to each other (2 spaces apart), facing the same direction. We were both in the process of backing up in the same direction and turning east when my rear bumper hit his rear driver's side door. He honked less than 2 seconds before our cars made contact. He could see me coming, but at the time we collided, he was in my blind spot (although I had checked prior to putting my car into reverse). My car had no damage, but his, a brand new 2006 Mercedes, had a sizeable dent but no paint damage. He was visibily upset and yelling when we got out of our cars, and I immediately started apologizing, seeing as how I was being yelled at and managed to escape damage where as the other driver did not. Will I be held liable for damages to his car for admitting fault at the scene of the accident (even though I was confused and clearly panicking at the time)? I still am not sure who was backing up first, but as a broke grad student, the last thing I need is to pay minor body damage for some doctor's brand new mercedes for an accident that I'm not sure was totally my fault. Thanks so much in advance for any help/insight you can provide!
Thanks in advance for your help.
Answer
Dear Renee,
It sounds like you share responsibility 50/50. Here is how I would decide it if the case came before me as a Judge Pro Tempore.
First, the rules of the road do apply in a private parking lot. So we look to statutes and general tort law for instruction on assigning liability.
Next, the primary duty is upon the person backing up. It is her duty to avoid hittng anyone. In this case, it is NOT sufficient for you to have checked only when you started backing. It is your duty to keep a lookout all during the time you are backing up. Thus, we will assign some liability to you.
BUT, that is NOT the end of the story. You did hit upon part of the basis of HIS liability in that he did not take action to avoid the accident when in fact he was the only one who had a LAST CLEAR CHANCE to avoid the accident by honking in time or backing up his own car.
But there is another reason he is liable as well: he knew full well that you were backing since you started before he did any your backup lights were fully visible to him. Instead, in the type of action that we sometimes associate with those who drive such cars, he thought he was better than you and he was not willing to wait his turn for you to complete your action.
Instead, he chose to put his car out there at risk in an effort to save thirty seconds: he was either going to beat you in the backup manever, or at least he was going to be all ready to follow you out. Why could he not see that you were there first, and thus wait his turn? Or, if he was so greedy for time savings that he just HAD to move then, why did he not keep a vigilant eye out for your movement? In this sense, he contributed to the accident and his insurance needs to pay for half of his damage.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you 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
