Results 1 to 3 of 3
  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default A Car Hit My Front Bumper While Backing Up - Who is at Fault

    My question involves a traffic accident in the State of: New York

    hi!

    i was involved in a small accident:

    i was getting ready to park in a commercial loading zone (street parking) in front of a store i work (i am not operating a commercial vehicle, but this is where i park almost everyday to unload stuff to the store). before i start pull into the spot, i see a pick-up truck just finish pulling into the space before me, fully stopped, as if he already finished parking. i start pull into the space behind him. fully stopped. turn off the ignition, getting ready to leave the car. at this moment, he started to back up and hit my car's bumper. at the time of the impact, my car was perfectly parked next to the sidewalk, most part of my car was in the regular street parking, and part of my car is in the commericial loading area. (not sure if that matters)

    so that is my version of the story. and this is his version in the police report:

    he said he checked before start backing up, see nothing, and struck my car as he backing up. and believed that i pull in behind him after he started backing up.

    I contacted his insurance company, they said that because I stated that I saw him pulling into the street parking, it is mostly my responsibility to avoid the accident. They only agreed to pay 10% of the cost of repair.

    I don’t think that is a fair decision, so I decided to take him to the small claim court.

    Here is my questions:

    1. first of all, should I take him to the small claim court? Or like his insurance company stated, it should be mostly my responsibility?

    2. Apparently, me and him are telling a different version of what happened in the police report. I stated that I have fully stopped for 5 to 10 seconds (as I shift gear to park, turning off the ignition, and getting ready to leave the car), and got hit. He stated that he checked before backing up, nothing, then HE BELIEVED THAT I pull in behind him as he was backing up, then his car struck mine (but he never tried to say my car ran into his). To me, his description implies that he didn’t look at the rear window as he was BACKING UP, that is why he didn’t notice me at all until the time of impact. That why he stated HE BELIEVED i pull in behind him, instead of saying HE SAW me pull in behind him. That would also explained that why he didn’t try to break his car until the impact. Is there a law stating that he should look at the rear windows as he backing up? Can I use this point in the court to prove that it should be mostly his responsibility?

    Thank you for all your time!

    Keith


  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,012

    Default Re: A Car Hit My Front Bumper While Backing Up - Who is at Fault

    I'm not going to guess as to what the driver of the truck could have or should have seen without knowing anything about the truck. With some trucks you can only see what appears in your mirrors.

    You were in a legal parking space at the time of the collision?

    Why was the truck backing up?

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: A Car Hit My Front Bumper While Backing Up - Who is at Fault

    Quote Quoting Mr. Knowitall
    View Post
    I'm not going to guess as to what the driver of the truck could have or should have seen without knowing anything about the truck. With some trucks you can only see what appears in your mirrors.

    You were in a legal parking space at the time of the collision?

    Why was the truck backing up?
    Thanks you for the reply!

    i was trying to show this in the diagram i included in the original post: about 3/4 of my car (the front part) was in a legal parking, about 1/4 of my car was in a "commercial loading zone". my car was NOT a commercial veichel, but I work in the store right in front of that space, i usually park there with my flasher on while i am unloading things to the store. and that is what i did at the day of the accident.

    regarding why he was backing up, i wasn't sure. to me, he already perfectly parked in the space. maybe he was too close to the car infront of him, so he wanted to back up a little bit?

    i thought if somebody back up into me, it should be mostly his responsibility, correct? or like his insurance company stated he is only responsible for 10%?

    1. Sponsored Links
       

Similar Threads

  1. Car Sideswiped My Bumper As I Was Backing Out
    By MacGruber in forum Traffic Accidents
    Replies: 6
    Last Post: 08-18-2011, 01:48 PM
  2. Car Hit Me As I Was Backing Up - Am I at Fault
    By blackjack9 in forum Moving Violations and Traffic Tickets
    Replies: 3
    Last Post: 04-24-2011, 11:54 AM
  3. Other Driver Did Not Stop at T-Intersection, I Hit Their Bumper - Who's at Fault
    By steve1496 in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 01-02-2010, 02:04 PM
  4. Traffic Accidents: Front Bumper Hit - What Steps Can I Take
    By LrosasBBA in forum Accidents and Injuries
    Replies: 2
    Last Post: 04-27-2009, 03:11 PM
  5. Speeding Tickets: Front Bumper Pacing and CVC 22349(A)
    By xdriver in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 12-05-2008, 03:36 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document