Accident at an Uncontrolled Intersection in a Parking Lot

[pembero]

My question involves an injury that occurred in the state of: Oregon

My son was recently hit broadside in an nearly empty parking lot. each parking lot row ends into an lane or adjoining "T" road which routes the car to the exit. my son was traveling on the top of the T section toward the exit and a car came down one of the rows and collided with him, damaging the driver’s side rear door and rear wheel well. The driver admitted to fault and my son collected his insurance information. The insurance company has taken statements from each side and says that the accident is uncontested. But now they are saying that it was an uncontrolled intersection and my son may have to share the blame. I don’t feel this is right. Should I involve my insurance company or look into hiring a lawyer?

[Mr. Knowitall]

My son was recently hit broadside in an nearly empty parking lot.

In which case, your son and the other driver should have seen each other, correct? So why did the accident occur? How fast were the two cars going at the time of impact?

my son was traveling on the top of the T section toward the exit and a car came down one of the rows and collided with him, damaging the driver’s side rear door and rear wheel well.

If the other driver hit the rear portion of your son's car with the front of his car, it suggests that your son was in the process of passing him at the time of contact. That doesn't of itself mean that your son has no responsibility, but it makes me wonder why the other guy didn't stop a lot sooner.

But now they are saying that it was an uncontrolled intersection and my son may have to share the blame.

If the damage was to the driver's side of your son's car, wouldn't the car that hit him have been approaching from his left?

(1) A person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.

(2) This section is subject to the described provisions of the following sections:

(a) The provisions of ORS 811.260, relating to stop signs and yield signs.

(b) The provisions of ORS 811.285, relating to the requirements to yield the right of way upon entering a freeway or other arterial highway.

(c) The provisions of ORS 811.277, relating to the right of way at an uncontrolled T intersection.

(3) A person entering an intersection at an unlawful speed shall forfeit any right of way the person would otherwise have under subsection (1) of this section.

(4) The offense described in this section, failure to yield right of way at an uncontrolled intersection, is a Class B traffic violation.

More to the point,

(1) A person commits the offense of failure to yield the right of way at an uncontrolled T intersection if the person is operating a motor vehicle on a highway that ends at an uncontrolled T intersection and the person does not yield the right of way to any driver who is on the highway at the top of the T intersection.

(2) As used in this section and ORS 811.275 (Failure to yield right of way at uncontrolled intersection):

(a) T intersection means an intersection at which one highway is perpendicular to another and at which one of the highways ends.

(b) Top of the T intersection means the highway that does not end at the junction of two highways.

(3) The offense described in this section, failure to yield the right of way at an uncontrolled T intersection, is a Class B traffic violation.

ORS 801.305 defines highway expansively to include public places open and used by the public for vehicles or vehicular traffic as a matter of right, and courts have thus extended the statute to parking lots that are open to the public. (For instance.)

Should I involve my insurance company or look into hiring a lawyer?

If you cannot work out a reasonable resolution with the other driver's insurance company, my approach would be to start with your own insurer and let the two insurance company try to hash out percentages.