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  1. #1
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    Default Are You Liable for an Accident if You Signal Someone Out of a Parking Space

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


    If someone is backing out of a parking space, and you are walking by and decide to help them back out using hand gestures like showing them how much space they have behind them, waving, etc. and they back into a parked car, can you be held liable for this?

  2. #2
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    Default Re: Backing Someone Out of a Parking Space

    It's certainly possible.

    Why do you ask, and why do you think the answer might be otherwise?

  3. #3
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    Default Re: Backing Someone Out of a Parking Space

    The driver of the car is the responsible person. They chose to trust your direction but they are in control of the vehicle . If that resulted in a bump, well they were the driver of the car they were driving. You have no liability.

    What happened?

  4. #4
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    Default Re: Backing Someone Out of a Parking Space

    Quote Quoting budwad
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    The driver of the car is the responsible person. They chose to trust your direction but they are in control of the vehicle . If that resulted in a bump, well they were the driver of the car they were driving. You have no liability.
    I disagree. If you choose to help a driver back out and are negligent in the directions you provide and the driver ends up hitting someone or something as a result of that negligence you can indeed be liable for the damages that result. The fact that the driver was in control of the vehicle doesn't absolve the person giving directions of liability. It just means that both the driver AND the person giving directions may end up being liable.

  5. #5
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    Default Re: Backing Someone Out of a Parking Space

    Quote Quoting budwad
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    The driver of the car is the responsible person. They chose to trust your direction but they are in control of the vehicle . If that resulted in a bump, well they were the driver of the car they were driving. You have no liability.

    What happened?
    This literally made me laugh. You admit you don't know what happened (and, in fact, we don't know that this isn't simply a hypothetical question and, if it is based on something that actually happened, we don't know if the OP was the driver or the person directing the driver) and yet you purport to tell the OP unequivocally that he/she has no liability. That's pretty much the height of ignorance.

    Rather obviously to anyone who knows anything about the law, there are two situations in which the person directing the driver could be liable. First, the directing person might intentionally tell the driver to proceed in order to cause a collision. Second, the directing person might provide directions in a negligent manner (maybe the directing person is distracted by an attractive person of the opposite gender). In either of these situations, the person directing the driver could be at least partly liable for whatever damage results.

  6. #6

    Default Re: Backing Someone Out of a Parking Space

    Quote Quoting PHD_4_U_N_Me
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    My question involves an injury that occurred in the state of: NJ


    If someone is backing out of a parking space, and you are walking by and decide to help them back out using hand gestures like showing them how much space they have behind them, waving, etc. and they back into a parked car, can you be held liable for this?
    If you undertake the role of traffic flagger, then you are required to assume the title of "A reasonably prudent person" and exercise the standard of care of the task you have obligated yourself to perform, a degree of negligence can be imputed to the flagger, Comparative/Contributory, if harm is done to another or property.

  7. #7
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    Default Re: Backing Someone Out of a Parking Space

    Quote Quoting pg1067
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    This literally made me laugh. You admit you don't know what happened (and, in fact, we don't know that this isn't simply a hypothetical question and, if it is based on something that actually happened, we don't know if the OP was the driver or the person directing the driver) and yet you purport to tell the OP unequivocally that he/she has no liability. That's pretty much the height of ignorance..
    At least you can laugh. I wondered about that given your propensity to be incredibly obnoxious in answering what an OPs posts. You parse their posts and degrade them almost all the time and offer absolutely nothing in the way of advise on the law. That is the height of arrogance. You are the 500lb gorilla in the room.

    Quote Quoting pg1067
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    Rather obviously to anyone who knows anything about the law, there are two situations in which the person directing the driver could be liable. First, the directing person might intentionally tell the driver to proceed in order to cause a collision. Second, the directing person might provide directions in a negligent manner (maybe the directing person is distracted by an attractive person of the opposite gender). In either of these situations, the person directing the driver could be at least partly liable for whatever damage results.
    So you see that as the only 2 alternatives? Well how about the bystander tells the driver to inch back to get out of a parking space and the driver has a heavy foot on the gas and backs into another car? Who are you going to place the liability on?

    And you say that:
    Rather obviously to anyone who knows anything about the law,
    What law? Are you grouping all law into liability law? What was your area of practice before you had so much time on your hands that you could spend this much time on a forum board. You are either retired or your practice is very slow.

  8. #8
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    Default Re: Backing Someone Out of a Parking Space

    Quote Quoting budwad
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    So you see that as the only 2 alternatives? Well how about the bystander tells the driver to inch back to get out of a parking space and the driver has a heavy foot on the gas and backs into another car? Who are you going to place the liability on?
    While I am not always a fan of pg1067's posting style, you misread his point here. He said he saw two instances in which the bystander would be liable. That excludes all the situations in which the bystander would not be liable, such as the situation you posited above. Note that to the extent your post suggests only the driver or the bystander could be liable for an accident, that is clearly not how the law works. If both were negligent both could bear at least some degree of liability for the damages that occur.

    Quote Quoting budwad
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    What law? Are you grouping all law into liability law?
    I get that you seem to be a bit put out by the tone of pg1067's response to you, but certainly he wasn't trying to group all law into negligence law (there isn't really an area of law called "liability law" as liability may arise in any number number of situations that occur in a variety of areas of law). He was simply referring to law as a whole.

    Quote Quoting budwad
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    What was your area of practice before you had so much time on your hands that you could spend this much time on a forum board. You are either retired or your practice is very slow.
    I'm surprised to see you resort to this particular jibe that I see trolls resort to when they don't get answers they like from a regular poster. pg1067 has 622 posts at the time I post this, and has been a member now for about 5 months, making his posting rate about 124 per month. That's not a whole lot more than your average of 98 posts per month and less than my average of 138 per month. And I have a very active practice. It doesn't really take all that much time for me to write the average of 5 posts a day that my posting rate works out to be. So I think this particular attack falls flat.

  9. #9
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    Jul 2018
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    Default Re: Backing Someone Out of a Parking Space

    Quote Quoting budwad
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    Quote Quoting pg1067
    View Post
    Rather obviously to anyone who knows anything about the law, there are two situations in which the person directing the driver could be liable. First, the directing person might intentionally tell the driver to proceed in order to cause a collision. Second, the directing person might provide directions in a negligent manner (maybe the directing person is distracted by an attractive person of the opposite gender). In either of these situations, the person directing the driver could be at least partly liable for whatever damage results.

    So you see that as the only 2 alternatives? Well how about the bystander tells the driver to inch back to get out of a parking space and the driver has a heavy foot on the gas and backs into another car? Who are you going to place the liability on?
    Apparently your reading skills are as deficient as your legal reasoning ability and knowledge of the law. What I wrote was that "there are two situations in which the person directing the driver could be liable." Your hypothetical is a situation in which the driver, and not the other person, would be liable, and there are obviously plenty of situations in which the driver could be fully or partly liable.

    Thus, your hypothetical, while potentially correct, is irrelevant in light of your prior, unequivocal -- and admittedly ignorant -- proclamation that the OP has no liability. The OP's question was whether it was possible -- under any conceivable set of facts -- for the person providing the directions to be liable. As everyone but you seems to understand, there are, of course, situations in which the person providing directions could be liable.

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