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  1. #1
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    Jul 2008
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    Default Collision with Car Pulling Away from the Curb

    My question involves an injury that occurred in the state of: California
    Car A was 50 ft east of an intersection was pulling away from the curb traveling east. Car B was southbound making a left turn after stopping for the stop sign. The cars collided after Car B had both wheels in the roadway and Car B had it's front bumper removed by the accident. Doesn't Car A need to yield to Car B ?

  2. #2
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    Default Re: Collision with Car Pulling Away from the Curb

    Cars already in the traffic lanes have right-of-way over cars pulling out of parking spaces. Beyond that, I don't know enough of what happened to assess how fault might break down between the drivers.

  3. #3
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    Jun 2008
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    Default Re: Collision with Car Pulling Away from the Curb

    Depends on timing.

    When Car A sets off there will be a point where Car A is 'established in the lane' so to speak. This is usually the point at which Car A is in the normal driving position and speed.

    - If Car B strikes Car A before Car A is 'established' (still pulling away from the curb) the Car A would likely be blamed.

    - If Car B strikes Car A after Car A is 'established' then it could be considered a rear-ender caused by Car B.


    Is the damage to the cars symmetrical? That would suggest that car a was established in the lane and car b would likely take the blame. If the damage is asymmetrical then they may conclude that A was still pulling away from the curb, making A at fault.

  4. #4
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    Jul 2008
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    Default Re: Collision with Car Pulling Away from the Curb

    Car A was pulling out of the space slowly when Car B left the stop sign and made a left turn crossing 2 lanes of traffic, before entering the lane where the accident happened. Car B was not in the traffic lane when Car A began it's move into the lane.

    The damage was symmetrical in that the damage was at the right front and left front parts of the cars. Car B was traveling much faster and ripped Car A's bumper off. Car A was stopped in the road before the impact (the dent in Car B had a constant depth).

    Is there some responsibility that can be required for the driver of car B that would have had a clear view of car A versus the driver of car A who had the Car B in their blind spot?

    The driver of Car B left the accident scene before supplying the Car A with license, registration and insurance info and returned ~10 minutes later. Is there any liability for the driver that leaves the scene like that?

  5. #5
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    Jun 2008
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    Default Re: Collision with Car Pulling Away from the Curb

    Quote Quoting pmacdee
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    Car A was pulling out of the space slowly when Car B left the stop sign and made a left turn crossing 2 lanes of traffic, before entering the lane where the accident happened. Car B was not in the traffic lane when Car A began it's move into the lane.

    The damage was symmetrical in that the damage was at the right front and left front parts of the cars. Car B was traveling much faster and ripped Car A's bumper off. Car A was stopped in the road before the impact (the dent in Car B had a constant depth).

    Is there some responsibility that can be required for the driver of car B that would have had a clear view of car A versus the driver of car A who had the Car B in their blind spot?

    The driver of Car B left the accident scene before supplying the Car A with license, registration and insurance info and returned ~10 minutes later. Is there any liability for the driver that leaves the scene like that?

    If Car B was in the travel lane and Car A was at 90 degrees to the travel lane then Car A is going to probably be blamed. Car A stopped before the impact? How long before? 1 second? 5 seconds?

    If Car A was partially in Car B's travel lane then it willonly get worse. Unless you have SOLID proof that Car A was stopped for a REALLY long time, like 5-6 seconds before the collision before you can think of blaming Car B.

    Car A being stopped doesn't make any difference if it was in Car B's travel lane, and had been there for under 2 seconds.


    Now, if Car A was DIRECTLY IN FRONT of Car B and the WHOLE of Car B's front bumper hit the WHOLE of Car A's REAR bumper, then I'd be inclined to call that a rear-ender at Car B's exepense. However if both Car A and Car B had damage to the front bumpers then the two cars much have been at 90deg. Which car was facing in the correct direction for the travel lane?

  6. #6
    Join Date
    Jul 2008
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    4

    Default Re: Collision with Car Pulling Away from the Curb

    Just thought I would post a follow up with the results from small claims court. The judge called Car A 70% liable, Car B 30% liable. But there is a twist. After Car B (plaintiff) said their bit, we, Car A (defendant) said our bit. Our bit included some discussion on the assumed speed of Car B, which we said was ~20 mph. The plaintiff (Car B) was asked if they had any rebuttal and all they said was that they were doing 35 mph, possibly thinking that their medical claim would be larger. The posted speed limit is 35 mph but the location is a school zone ( we were picking up some students at the time), 10 minutes after class let out and the plaintiff's witness mentioned in their statement that there were a lot of students around.

    Any comment on liability in light of sworn testimony from the plaintiff that they were exceeding the speed limit in a school zone just before impact?

  7. #7
    Join Date
    Apr 2007
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    1,226

    Default Re: Collision with Car Pulling Away from the Curb

    What was the courts finding on the facts and what was the final determination on the case? It appears that you were found guilty of the charge.

    You have to remember one thing; if you're not a law enforcement officer with the proper training/equipment, as far as the courts are concerned, you are not properly "trained" to determine Car B's speed, it's hearsay, speculation, innuendo, and left up to the courts to decide.

    You were held responsible for 70% of the accident. Unless you appeal, it stands.

  8. #8
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    Aug 2007
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    Default Re: Collision with Car Pulling Away from the Curb

    Quote Quoting pmacdee
    View Post
    Just thought I would post a follow up with the results from small claims court. The judge called Car A 70% liable, Car B 30% liable.

    If you happen to remember, or maybe you were not old enough then, the old People's Court based in CA, Judge Wapner, when he assigned "comparative" negligence %'s to the litigants, he always quoted. Li v. Yellow Cab:


    http://calbizlit.typepad.com/livsyellowcab.pdf


    I still watch the PC, but just loved it when Judge Wapner was on there, man he had a brilliant legal mind.

    He went on to host a court show on Animal Planet concerning animal disputes, dog bites, ownsership cases, etc.

  9. #9
    Join Date
    Jul 2008
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    4

    Default Re: Collision with Car Pulling Away from the Curb

    For M'sta Mikey : I was not estimating the other person's speed. They gave sworn testimony that they were traveling 35 miles mph. They had a speedometer in their car. They made a point to correct me when I estimated that they were going ~20 mph. Is their testimony hearsay?

  10. #10
    Join Date
    Apr 2007
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    Southeastern Michigan
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    Default Re: Collision with Car Pulling Away from the Curb

    Quote Quoting pmacdee
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    For M'sta Mikey : They made a point to correct me when I estimated that they were going ~20 mph. Is their testimony hearsay?
    Nope, not hearsay at all! But it appears the judge did not take that into consideration, or was it part of Car B's % of liability?

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