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  1. #1
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    Oct 2010
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    Default Accident in High School Parking Lot

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

    My son was driving down a lane and stopped for a vehicle that was backing up. That driver continued back and hit him while backing out.

    I would think the one in reverse is at fault. I'd think he can only proceed when the lane is clear.

    The other party says my son is at fault. Any ideas. Any Statutes to reference. Negligence maybe.

    Thanks. Mike

  2. #2
    Join Date
    Jan 2006
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    Default Re: Accident in High School Parking Lot (Private Property)

    if your son was not moving, the other party is at fault.

    There is no statute to cite. This is simply a case of a moving car hitting a stationary vehicle. The moving vehicle is at fault.

  3. #3
    Join Date
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    Default Re: Accident in High School Parking Lot (Private Property)

    The other driver didn't hear your son apply the horn?

  4. #4
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    Default Re: Accident in High School Parking Lot (Private Property)

    Most moving violations do not apply in private parking lots. However, the other party can still be at least partially liable for his actions.

    Let your son's insurance company deal with it. That's what you pay them for.

  5. #5
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    Default Re: Accident in High School Parking Lot (Private Property)

    Regardless, if your son was at a stand still or his vehicle was moving the backing party would be at fault.

  6. #6
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    Default Re: Accident in High School Parking Lot (Private Property)

    Quote Quoting Who'sThatGuy
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    Regardless, if your son was at a stand still or his vehicle was moving the backing party would be at fault.
    The question may be as to how MUCH at fault? Unlike a police report, insurance companies tend to apply percentages of fault. They might see factors such as speed, inattention, etc. as factors that place the son with at least some percentage of the fault. While I might place the backing driver 100% at fault in a police report, I have found that insurance companies rarely assign 100% fault when you have two moving vehicles. But, no one will know until he speaks to his insurer.

  7. #7
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    Default Re: Accident in High School Parking Lot (Private Property)

    I have found that insurance companies rarely assign 100% fault when you have two moving vehicles.
    OP claims their son was stopped.

    as well, while the insurance companies may place some arbitrary determination of fault, that determination has no force in a court.

  8. #8
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    Default Re: Accident in High School Parking Lot (Private Property)

    Quote Quoting jk
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    OP claims their son was stopped.

    as well, while the insurance companies may place some arbitrary determination of fault, that determination has no force in a court.
    I have seen insurance companies assign near 100% fault to parked vehicles, so I would not be at all surprised to see some partial fault assigned to a vehicle that had been in operation - stopped or not. And while the insurance company's assignation o ffault may not be of concern to a civil court, since most the payout is paid BY the insurance company, it would be fiscally silly for a person to go to court so as to save someone else money ... the OP will likely be out a deductible anyway.

    The point is, while it is very likely the other guy is at fault, there is a possibility that the son will be assigned some small percentage of the fault anyway. No one will know until the insurance companies have hashed it out.

  9. #9

    Default Re: Accident in High School Parking Lot (Private Property)

    Won't the insurance companies base the percentage of fault on the law though? In this case, I believe the traffic rules are whoever is in the main road the most- has the right of way. And that would be the son of the OP who well establishes his vehicle going in the lane (regardless of stopped or moving) Unless he was speeding through- i think 100% of fault goes to the person reversing out of a parking spot without looking for a car or person or obstacle even, when backing out. Not hitting on the horn in time should not be a reason for assigning percentage of fault?
    How is the person backing out not 100% at fault?
    Don't let the insurance company take advantage of you bc you are young, these rules last a lifetime for everyone else anyway.

  10. #10
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    Default Re: Accident in High School Parking Lot (Private Property)

    Quote Quoting rymfire4
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    Won't the insurance companies base the percentage of fault on the law though?
    Yes. But the law tends to be a little fuzzy on assignation of fault in a traffic collision and in most states the same laws that apply on the roadway do not generally apply on private property.

    In this case, I believe the traffic rules are whoever is in the main road the most- has the right of way.
    But they were not on the road.

    i think 100% of fault goes to the person reversing out of a parking spot without looking for a car or person or obstacle even, when backing out. Not hitting on the horn in time should not be a reason for assigning percentage of fault?
    How is the person backing out not 100% at fault?
    I am not saying the backing driver is NOT 100% at fault. However, depending on what the parties tell their insurance companies, until they make an assignation of fault you do not KNOW that this is the case.

    And there are a variety of justifications I can see for possibly assigning partial fault to the son ... perhaps they will say he was driving too fast ... perhaps they wills say he failed to stop in time ... who knows? I only point out the possibility, even if it is remote.

    I have seen some pretty bizarre (in my opinion) determinations of fault in a collision. But, for the most part, the assignment of fault by the insurance companies effects how much they pay each other. The only time it can become an issue for the parties in the crash is when the party is not insured at all. Of course, if assigned any fault, the insurance company may be able to raise rates, but that depends on the company.

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