Auto Insurance Claims: Texas Parking Lot Law, rear quarter panel, stationary object


Question
Please identify the at fault party in the following scenario.

Texas parking lot (private property)at night and not adequately lit. Oversized pickup truck (Vehicle 1) is parked roughly five (5) feet from the front of the parking space, therefore, the tail is several feet into the drive lane.  Vehicle 2 backs out of space and bumper strikes the driver side rear quarter panel of vehicle one.

Answer
Hi Preston,

Any time you hit a stationary object you are at fault. It does not matter that the truck was sticking out. The vehicle that is moving has the greates duty to be sure thay have a clear path to proceed. If vehicle 2 was unable to proceed they should have called the police to have the truck towed if it was obstructing the flow of traffic in the parking lot.

In this case the driver of vehicle 2 is 100% at fault for the damage.

I hope this helps
Richard Hixenbaugh