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  1. #1

    Default Accident Advice

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

    To help this make sense I will try to explain the layout of my driveway. To get out of my garage you need to back out heading east then turn both to get to the street. As you down my driveway there is a brick pillar with a light. Itís not a big deal but can obstruct the view as I turn of thereís someone Thatís parked in my driveway.

    I was backing out today and my son likes to close the garage so I stop and park the car and let him close the garage. I then turn the car backing out Keith and check all 3 mirrors as well as both directions in the street by turning. I continue down the driveway and hit a woman who decided to park in the street halfway blocking my driveway. The issue is I didnít see her as Iím coming down the driveway and was obstructed by the light.

    We exchanged information and I found out that she was parked there so she could text. My issue is this. Itís illegal to block a driveway and itís illegal to text in the driver seat in CA. It took me a gold 15 seconds to back out and if she was paying attention she would have either honked or moved within that time frame.

    With that being said is it a forgone conclusion that Iím 100% at fault?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,210

    Default Re: Accident Advice

    Quote Quoting LookingForHelp8168
    View Post


    With that being said is it a forgone conclusion that I’m 100% at fault?
    Yes.

    You hit a non-moving vehicle which, as you admit, was blocking half your driveway. That you didn't see it means you weren't looking where you should have been looking.

    We get this kind of question a lot. There isn't any wiggle room for hitting a non-moving vehicle no matter where or how it is parked or what the driver is doing while parked.

    Suppose it was a child that you backed into. Do you think you wouldn't be at fault because the child shouldn't have been there?

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,631

    Default Re: Accident Advice

    She could have had an open bottle of beer in her car and visibly drunk, and the accident would still be 100% your fault.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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