Wife hit ATTENDED illegally parked vehicle, split fault?

Question

My wife was parked at a gas station adjacent to one of those concrete buildings where they hold the dumpsters. There was a car "parked" in front of that thing making it perpendicular to my wife's car. My wife looked over her left shoulder and could not see anything because of that dumster, so she looked through the back out her rear window just like you're supposed to.

There was nothing there so she continued only to feel a THUD. She had hit the nose of a car that was poking out past the dumpster. It really would've been impossible to see.

Technically the person backing out has the burden of the responsibility. Can't say that she is at no fault, because she IS just by the letter of the law. BUT, the other vehicle would be at fault also, wouldn't it? The other vehicle was not unattended, and it seems as though the lady just hid there to get hit.

Would this be a 50/50, even if, upon explanation, the CHP refused to come out because they claimed it would be 50/50 as well?

Answer 1

I believe it boils down to a question of avoidance.  You really shouldn't be backing up unless you can make absolutely certain there is nothing behind you.  If that requires getting out of your car to check so be it.  I usually ascertain whether I have a clear lane to back up before getting into my vehicle.  I assume the other car was already there before she got in?  That person should possibly be cited for illegal parking but I don't think they're liable for that accident.  Just be happy your wife is ok.

Answer 2

If the other party was parked, how were they negligent?  Sorry, it does not matter that she may have been illegally parked.  Your wife hit a parked vehicle.  It is possible that you can place some very minor comparative negligence on the other party, but not 50%.

Answer 3

I think the law is pretty clear; If your wife drove her car into another person's car, it's her fault. You are supposed to be in control of your vehicle at all times. I would be surprised to find any police officer that could call this 50/50

I have made the same type of backing mistake your wife did, and hit a sign that was 2' high and too low for me to see when I backed up. Still my fault even though the sign was in a stupid place. Chalk it up to experience, take responsibility and learn from the mistake. tell your wife not to back anywhere you can't see, you can always get out of the car and check first if you are not sure whats back there. Better to be safe...

Answer 4

I think your wife is 100% at fault.  How can a stopped, parked "car" be responsible for an accident caused entirely by your wife ?  aside form that.   Some states do have a "law" that says anyone is automatically at fault for just being there.  In My state it is 20% at fault but that is on a road.  I'm not sure about a private parking lot.

Answer 5

Sounds 50/50 to me

Answer 6

You are funny, the other vehicle was hiding in a deliberate attempt to be hit?  If it was sticking out enough to be hit, it was sticking out enough to see, unless it was under a Harry Potter cape of invisibility.  If it wasn't moving, the accident is 100% her fault.  If it is ruled 50-50 by insurance, she should thank her lucky stars, because, illegal parking or not, it is never open season to hit parked cars.