Social Question

Brie's avatar

Would this accident have been my fault?

Asked by Brie (283points) September 13th, 2014

I was at a convenience store today and the exit of the store goes out into a lane where there is a stoplight, so there was a line of cars waiting at the exit and they were blocking me from being able to back out.
The car blocking my car saw that I was getting into my vehicle and pulled forward to give me some room to back out.

As I was backing out, a car came around the corner and honked at me. She kept moving as if to get into the spot that the car behind mine had opened up so I could back out so I had no choice but to pull back into my parking spot.
Otherwise she would have rammed right into me.

I’m positive that she saw that the car had moved forward to allowed ME room to back up because I saw her idling in her parking spot before I backed out, only when I started backing out did she start moving to get into the exit line.

When she passed my car I looked and saw that she was an elderly woman and she gave me a rude look like it was my fault.

I asked my parents and they said it would have been my fault if she had hit me.
I guess I just don’t understand that logic.

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17 Answers

Here2_4's avatar

It is a bit difficult to picture just what you are describing, but from what I could tell, it would not have been your fault. Even if you had been wrong for trying to leave your parking space, which you were not, an accident would have been the fault of the driver who failed to stop in time to prevent a collision.
If you considered letting someone hit you to collect insurance, I am sure that would bring your parents down on you pretty hard.

jca's avatar

I think it would have been your fault. She is already “on the road” and you are coming from a parked spot.

You are responsible to look out for other moving cars before pulling out into moving traffic. They are not responsible to look out for you.

It would be nice if the lady stopped to let you out, but she is not obligated to do so.

kritiper's avatar

You must drive defensively and look out for others who drive offensively.

Dutchess_III's avatar

Technically it would have been your fault. From a standpoint of politeness and manners, it would have been her fault. That’s just the way it works. People today seem to be getting more and more rude.

Here2_4's avatar

“As I was backing out, a car came around the corner and honked at me.”
That would demonstrated that she is in the act of backing before the car approached.
Isn’t this in a parking lot? If it is, street laws don’t apply, only simple courtesy.

Brie's avatar

@Here2_4

Yes, I was still in the parking lot.
What I meant by she came around he corner was that she pulled out of her parking spot and came around the row of cars opposite mine and honked at me as I was clearly in the process of backing out.
When i pulled back into my parking spot (I had no choice as she was closing in on me and I no longer had room to back out) she sped up to get behind the car that had pulled forward to let me back out.

It’s really hard to explain.
At no point was I backing into moving traffic.
The parking lot exits onto a street where there is a stoplight. There were cars waiting at the stoplight which blocked cars from exiting the parking lot.

The line of cars that were blocked happened to be blocking me from being able to back out into the line, but the man directly behind me pulled forward to give me enough space to back out and get into line behind his car.

But as I was backing out another car (the woman) pulled out of her parking spot and began moving towards my car as I was backing out.

I believe her intentions were to force me back into my parking space so she could pull in behind the man that pulled forward to let me out.

Sorry it’s a weird parking situation :(

Brie's avatar

@jca

I meant to tag you as well, I was still in the parking lot.
At no point was I backing out into traffic.

Brie's avatar

I wasn’t trying to let her hit me either. As soon as she honked I stopped moving and when she kept coming forward i pulled back into my parking space.

I have to pay my own insurance and right now it’s like $60.
I’m not trying to get hit! :P

Here2_4's avatar

I understand you were not trying to get hit. I only mentioned it because sometimes some people are tempted. Good for you, keeping your wits about you. Not your fault If she had hit you, she would have been at fault.
I am proud of you for doing the right thing, even though it was frustrating.

JLeslie's avatar

I think it would have been your fault technically, although a cop might have not cited you in that instance if there had been an accident. He might have just written it up as a mutual type of accident if you were already backing up.

Since you are coming from a parking spot it is your responsibility to wait until the road is clear for you to enter the road. The road can even be the lanes in a parking lot.

The woman was rude. Maybe she did not notice the man who had made space for you, we can’t be sure.

In that sort of parking situation a lot of times the only way out of the parking space is when someone allows you into a lane of traffic, I get it. Usually people are courteous and see the dilemma for the person parked and allow them to get out of the spot. The best is when someone stops and gives you space ahead of their car. In your case it was behind his car, so that puts you in the position of the next driver who approaches stopping to give you space, but you can’t rely on a driver doing that.

Here2_4's avatar

I agree with JLeslie, mostly, and it likely would hinge on whether the other car was around the corner before the car is backing out of the space. It may have been a mutual ticket. It would be only an insurance issue in some locations, as many places police don’t like to get into parking issues on private property. Driving in reverse is usually an automatic “at fault”, but if the other driver rounded a corner to impact a car already backing, and partly out of the space, they can be seen as driving wrecklessly, or too fast for conditions.

JLeslie's avatar

I wanted to add the first car pulled up so you could fit, so you could pull out, but he and you cannot control other cars. I come across a similar situation where I live. There are many six lane roads here. A common situation is someone wants to come out of a parking lot and needs to cross three lanes in the same direction to get over to the left turning lanes, because they need to make a left at the next corner once on the main road. The traffic starts backing up at the light. The car in the lane nearest the parking lot might stop and give way to the car trying to merge into the road. Eventually, a car in the next lane might notice and stop also. The car waiting to pull out starts to inch their way across the lanes, but some idiot who isn’t paying good attention keeps moving through the third lane and possibly blocks up everything, because now the guy trying to get over is stuck blocking the nice people trying to help. In this sitaution the idiot not paying attention who doesn’t give way is not doing something against the law, it is still up to the guy trying to get out who is crossing traffic to cross traffic safely. The cars already on “the road” have the right of way.

This happens constantly where I live, but typically cars do yield their right of way. Where I live is very densely populated and a lot of commericial and right now a lot of construction also. When I lived in the Memphis area people were generally loathe to let you in. It was the worst city for it, people just didn’t think that way. When I lived in Raleigh, people were incredibly generous on the road, the majority of people let other drivers in. Each city has its own feel.

ibstubro's avatar

I agree that it likely would have been your fault, as it’s your responsibility to make sure the lane is free of traffic before backing out.

I notice more and more people flying by me in parking lots while I’m in the process of backing out. It’s crazy and unnerving, as the lane was free of traffic when I started backing. I understand your question/frustration perfectly.

Dutchess_III's avatar

Well, a parking lot is a different story. I agree with @JLeslie

jca's avatar

I understand you were in a parking spot, @Brie. I stand by what I wrote (as I understood your situation when I wrote it). You would have been at fault. You were coming out of a parking spot and the lady was already moving, not in a spot.

Yes, again, it would have been lovely if she let you go, but she was not obligated to and you were responsible for watching before pulling out of the spot.

Adagio's avatar

I’ve always enjoyed this parking scene from Fried Green Tomatoes

Dutchess_III's avatar

That’s a classic @Adagio!

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