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  1. #1
    Join Date
    Feb 2012
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    2

    Post Collision Exiting Parallel Parking Spot

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

    Yesterday I was exiting a parallel parking space. There were two lanes of travel in the direction I was about to start heading. The road is straight.

    It was a tight spot, so I had to move back and forth a few times to slowly move into the travel lane. I had been checking for traffic using my side view mirror, but I had gotten to the point where I felt that I had moved far enough out into the right to claim a the right lane. My attention had shifted to making sure I didn't hit the parked car in front of me. Once my right front had cleared the bumper of the car parked in front of me I moved forward further into the travel lane and my car struck a car traveling down the road. My front left bumper struck the other car's doors on the right side. My insurance company is telling me it's my fault. I think the other driver should have seen me partially occupying the right lane and either yielded to me or moved over to the left lane. I think the driver was in the process of changing lanes, either from right to left to attempt to go around me (but clearly not moving over fully into the left lane) or from left to right and just didn't see that I was already partially occupying the right lane as I was pulling out of the space. My insurance company says the other driver says she was driving in a straight line. This seems impossible to me. If she was traveling in a straight line in the right lane she would have struck me first because I was already out into the right lane so much. If she was traveling in a straight line in the left lane she would have completely avoided me. My insurance company is basically telling me that a driver exiting a parallel parking space has to make sure that there is no car in the lane you are about to enter (the right lane) AND there is no car in the lane you have no intention of entering (the left lane). They are also telling me that a driver in a left lane of two lanes of traffic has no obligation to avoid a car entering the right lane while exiting a parallel parking space. Both of these concepts seem bizarre to me. I would think there would be some point where a car leaving a parallel parking space can move far enough into a travel lane that they have the right to continue moving fully into the lane.

    No police report was filed and no pictures were taken.

    Is this my fault?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Collision Exiting Parallel Parking Spot

    Yes, 100%. You are not permitted to pull into a driving lane that is being utilized, causing an accident.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Collision Exiting Parallel Parking Spot

    Quote Quoting wildcat5
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    ....I had gotten to the point where I felt that I had moved far enough out into the right to claim a the right lane.
    You don't get a claim to the lane... ANY lane, when leaving a parking spot!

    Quote Quoting wildcat5
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    My insurance company says the other driver says she was driving in a straight line. This seems impossible to me. If she was traveling in a straight line in the right lane she would have struck me first because I was already out into the right lane so much. If she was traveling in a straight line in the left lane she would have completely avoided me.
    You collided with her. Period... Meaning: she was passing (as in she occupied) a certain spot in that 2 dimensional plane that shadows the roadway... After her front bumper, front fender, part of her front passenger door passed that spot, and while she still needed to continue a claim to possessing that spot, you decided you wanted to enter and occupy that same spot, and since two objects cannot occupy the same space at the same time, your front bumper collided with her side door!

    And even if she wasn't going in a straight line within one lane, she still had possession of the lane and had the right of way, you intruded.


    Quote Quoting wildcat5
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    I would think there would be some point where a car leaving a parallel parking space can move far enough into a travel lane that they have the right to continue moving fully into the lane.
    And you would be correct to think that... That is when there are no other vehicles approaching you from that direction. That is the ONLY scenario when that statement is "true"!


    Quote Quoting wildcat5
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    Is this my fault?
    No doubt! Yes, it is your fault!

  4. #4
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Collision Exiting Parallel Parking Spot

    Quote Quoting That Guy
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    You don't get a claim to the lane... ANY lane, when leaving a parking spot!

    You collided with her. Period... Meaning: she was passing (as in she occupied) a certain spot in that 2 dimensional plane that shadows the roadway... After her front bumper, front fender, part of her front passenger door passed that spot, and while she still needed to continue a claim to possessing that spot, you decided you wanted to enter and occupy that same spot, and since two objects cannot occupy the same space at the same time, your front bumper collided with her side door!

    And even if she wasn't going in a straight line within one lane, she still had possession of the lane and had the right of way, you intruded.

    And you would be correct to think that... That is when there are no other vehicles approaching you from that direction. That is the ONLY scenario when that statement is "true"!

    No doubt! Yes, it is your fault!
    Thanks for replying.

    I generally follow what you are saying, but I do not understand why the following interpretation could not also be appropriate:

    She cut me off. I had established possession of the lane. I had reached the point where I was no longer turning my steering wheel to the left. I was moving straight for a few more feet to fully exit the space and was about to turn my steering wheel to the right to proceed down the travel lane. This was when the contact happened, when I was moving forward to complete my exiting of the space, not when I was first turning left into the travel lane. However, because she was moving at a faster speed than I was she entered and occupied the point that I had the right to enter before I did.

    As I said before, I think she might have been changing from the left lane to the right lane. Or, in other words, she had possession of the left lane, but was moving to establish possession of the right lane, a lane that I had already established possession of.

  5. #5
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Collision Exiting Parallel Parking Spot

    You cannot establish possession of a lane already possessed, without causing an accident. Oh thats right, you did. Even if she was in the process of changing lanes, you still entered the active roadway that was possessed by a vehicle occupying that lane, from a parking space.

  6. #6
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Collision Exiting Parallel Parking Spot

    You were pulling into moving traffic and an accident ensued. You're at fault for failing to yield. Period.

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