Question:

Car turned into my car which was backing up. Fault?

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I was in my car in my universities parking lot and was preparing to back up. I put the car in reverse so the lights were on, and I started backing up to the left, into the stall left of me since three stalls to the left were also empty so I had room, so that I would be able to see to my right to see when I could back up. I let one car pass and then I continued to back up to the right. That car that just passed me decided at this point to take a tight right turn (which the driver admitted to) into the path of my vehicle which was backing up, obviously attempting to get into that parking spot (for reasons unknown she chose that spot where my car was backing up, instead of the other many available). So we collided, and she honked after the fact to try to make it look like she was standing still which she wasn't. There was nothing but a small bit of paint removed from the left side of my rear bumper, but her car got hit on the right back seat door causing an ugly dent. Who is at fault?

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4 ANSWERS


  1. In my state (Texas) if you are backing up, you are automatically at fault.

    Both my brother and I have been involved in a wreck when we were backing up. In my brother's case, even though the other vehicle was speeding around a turn, he was still at fault because he was backing up. In my case, even though the other vehicle was cutting through parking spaces, I was still at fault because I was backing up.


  2. In almost ALL cases, it is the responsibility of the car backing up to make sure the path continues to be clear.

    There has been almost a century of lawsuits to have made this clear.

  3. You are. When you back into a person while backing out of a parking space, you are at fault. If the other car had been also backing out of a space when you collided then the blame would have been shared 50/50. However the person driving in to park always has the right of way over the person who is backing out of a parking spot.

  4. You are because you where backing up and you must be in control of your vehicle at all times while reversing.

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