Car Accident Question

smiley21 · #1 10-15-2007, 09:16 PM

What do you think?

Let's say an accident occured in an apartment complex. Driver A was going through the neighborhood at normal speed. Backup lights of another car go on when Driver A is approaching behind the car. As soon as the lights go on, Driver B backs up (leading to the fact that they never looked behind them or else they would have seen the approaching car) and hits Driver A on the passenger rear of the car.

Isn't Driver B at fault?

fyrnymph · #2 10-15-2007, 09:26 PM

If it occurred on private property, the point may be moot. Check with your state laws. Were the police contacted? Did they write a ticket?

aephi alum · #3 10-15-2007, 09:31 PM

Driver B is at fault. You're supposed to look behind you before you back up, and keep aware of your surroundings throughout the maneuver.

smiley21 · #4 10-15-2007, 09:31 PM

Look at the question hypothetically. No police involvement.

Now I would think that if Driver A was hit at the front of the car, then they would be at fault because that driver should have stopped for the car backing up due to the backup lights going on with ample warning.

But the fact the lights did not go on until the front of Driver A's car was behind Driver B leading to the result of Driver A being struck in the rear....well Driver B should take blame.

AlwaysSAI · #5 10-15-2007, 09:46 PM

This is so hilarious.

This exact thing happened to me about 3 months ago. I was driver B and the other person, driver A.

She assumed I was at fault and I am going tomorrow to pay the $400 to repair the teeny tiny mark I possibly made on her bumper.

She's lucky I didn't fight her on it when she called me. We met 6 weeks ago and she gave me her estimate. I told her that I would call the repair shop and make arrangements to pay. Well, they wouldn't take my money until she scheduled her car for repair. So, I called her THAT DAY and told her that they wouldn't take my money until she scheduled her car for repairs. She told me she would and I never heard from her again.

Now, almost 7 weeks later, just 10 minutes ago she calls me and tells me she has an appointment for Wednesday. She knows it's been a while but she had trouble finding a time when she wouldn't die without her car for two days....blah blah blah.....

Either way, I'm paying bc I don't want her to file with my insurance.

ZTAngel · #6 10-15-2007, 09:51 PM

Quote:

Originally Posted by smiley21

What do you think?

Let's say an accident occured in an apartment complex. Driver A was going through the neighborhood at normal speed. Backup lights of another car go on when Driver A is approaching behind the car. As soon as the lights go on, Driver B backs up (leading to the fact that they never looked behind them or else they would have seen the approaching car) and hits Driver A on the passenger rear of the car.

Isn't Driver B at fault?

Yes. A person backing out of a parking space is required to yield to all oncoming traffic. The problem is that this is private property. Police (at least in Florida) will not coming out to private property to make an accident report. I had this happen to me a few years ago. I was Driver A. We let our insurance companies fight it out.

twhrider13 · #7 10-15-2007, 11:24 PM

If it weren't private property, Driver B would certainly be at fault because Driver A had the right of way.

PeppyGPhiB · #8 10-16-2007, 01:27 AM

Driver B is at fault. I had the exact same thing happen to me several years ago, and I was Driver B. It was at night time and it was snowing, and the driver behind me didn't have her lights on. Even though I was looking behind me in my mirrors, I couldn't see her. I thought she was driving negligently, and I had witnesses that even said they couldn't see her, but that didn't matter...I was still at fault because the person backing up is almost always at fault in an accident.

scbelle · #9 10-16-2007, 02:16 AM

I'm one of the exceptions to that, Peppy. About 12 years ago, I was in an accident on private (government) property and was coming out of a parking space that was angled (the parking lot had arrows to direct traffic, so essentially, it was one way lanes). I looked behind me in both directions, and couldn't see anything, so I started to back out. All of a sudden I feel a thud. I had hit another car, coming from the opposite direction traffic should have been moving. There was no real damage to either car. But the women in the other car must have smelled opportunity, because they called the cops and an ambulance (yes, an AMBULANCE). I would never claim fault. I felt they were going the wrong way, so I refused to let my insurance settle. We went to trial, and the jury believed me. So the women were out.

AlphaFrog · #10 10-16-2007, 07:59 AM

Quote:

Originally Posted by PeppyGPhiB

I was still at fault because the person backing up is almost always at fault in an accident.

LOL. This reminds me of something that happened at my house when I was 16. Our house at the time sat in the middle of an acre, so our driveway was half an acre (just under 50 yards) long. It was narrow, and not exactly straight, so I always took my time, being 16, and not the best backer-upper (I'm still not

). We also lived on the corner, so you could see our house coming from the street before it. I was backing out of the driveway, and I was 3/4 of the way down. My mom comes off the other street and whips into the driveway and hits me (no damage, though). She jumps out and starts screaming that I need to watch where I'm going, and that it's my fault and tries to demand my car keys. Umm...mom? I'm already 3/4 of the way down the drive and I've had my backup lights on for at least a minute. IT'S NOT MY FAULT!

Tom Earp · #11 10-16-2007, 02:32 PM

The common thing to do is give way to thru traffic or get banged up. Da.

So sue for a frivilous law suit and screw those morons. Any sane Judge will find in your favor.

AGDee · #12 10-16-2007, 03:01 PM

Technically, yeah, Driver B is at fault. However, I've got to say, in this world of overly long pickups and SUVs that those of us in regular ole cars can't see around these vehicles to determine whether it is clear or not and it's very frustrating and dangerous. I usually inch out verrrrrrrrrrrrrrrrrry slowly and hope that people stop when they see me backing out because I sure can't see anything until I'm past the cab of that pickup.

AZ-AlphaXi · #13 10-16-2007, 03:34 PM

Quote:

Originally Posted by AGDee

Technically, yeah, Driver B is at fault. However, I've got to say, in this world of overly long pickups and SUVs that those of us in regular ole cars can't see around these vehicles to determine whether it is clear or not and it's very frustrating and dangerous. I usually inch out verrrrrrrrrrrrrrrrrry slowly and hope that people stop when they see me backing out because I sure can't see anything until I'm past the cab of that pickup.

Hear!! Hear!! ... I hate having to pull out from between two giant SUVs ....

smiley21 · #14 10-16-2007, 08:57 PM

If it isn't obvious already, I am Driver A. The accident happened yesterday morning. The funny thing is that the only reason I was on that side of the neighborhood was because I needed to take trash to the dumpster. If only I did not have any trash to take...haha. oh well.

The good thing is that the other driver is willing to pay for my damages out of pocket.

ThetaPrincess24 · #15 10-16-2007, 09:05 PM

Quote:

Originally Posted by AlwaysSAI

This is so hilarious.

This exact thing happened to me about 3 months ago. I was driver B and the other person, driver A.

She assumed I was at fault and I am going tomorrow to pay the $400 to repair the teeny tiny mark I possibly made on her bumper.

She's lucky I didn't fight her on it when she called me. We met 6 weeks ago and she gave me her estimate. I told her that I would call the repair shop and make arrangements to pay. Well, they wouldn't take my money until she scheduled her car for repair. So, I called her THAT DAY and told her that they wouldn't take my money until she scheduled her car for repairs. She told me she would and I never heard from her again.

Now, almost 7 weeks later, just 10 minutes ago she calls me and tells me she has an appointment for Wednesday. She knows it's been a while but she had trouble finding a time when she wouldn't die without her car for two days....blah blah blah.....

Either way, I'm paying bc I don't want her to file with my insurance.

Atleast it was a car you backed into and not a person. I guarantee you'd be paying more than 400 bucks