QuestionI was leaving my buildings parking lot. it was heavy traffic and I had to wait to make the right on to the main road. While waiting for an opening a corvette must have pulled between the curb and my passenger side so when I went to make the right I caught the front left of his car. Who's fault is the accident? Is it his for trying to pass on the right or mine for not checking?
AnswerJohn,
Depending upon the laws in your state, this appears to be a simple issue of 'comparative negligence' whereas, to some degree, both parties were at fault. The question then is the percentage of liability each would be responsible.
Since it occurred on private property it's unlikely the police made out a report or assigned negligence thus resolution may end up between you and the other driver or your insurers.
From the fact of the loss as you conveyed several questions come to mind.
1. Did you have your turn signal on indicating you were preparing to turn right?
2. Was the Corvette moving at the time of the loss (or had they been sitting to your right where you should had had time to see them before proceeding... or did they pull up alongside and begin to proceed without your seeing them... until it was too late) Were they in your blind-spot etc.?)
3. Is there two exit lanes or only one?
I would think you had the right, as a 'reasonable prudent person' to not anticipate someone squeezing into the space on your right, especially if space was limited and if you had your turn signal on to indicate your intent to make a right turn.
It would seem the Corvette was not being prudent or reasonable and was merely impatient and that they would hold the majority of the negligence if not all of it.
With that said; although you may not anticipate a car being to your right, you should look before proceeding in the event a pedestrian or bicycle rider where approaching from your right.
I hope this offers a little insight and provides you the information to assist you.
Good luck!
Barrett
