Who's to blame for this car accident?

Ok I was going into wal-mart; I cut threw the parking lot "Is it wrong to cut threw the parking lot an hurt my chances of winning this case?" I only cut threw 2 parking lots and made sure the road was clear before I drove across.

By this time I spot a parking spot and I'm across the street from it and my car is align wit it. Both sides of the roads are clear, an as I drive my car slowy into the parking spot(car is probably half way in) the car to my left starts to drive reverse and her the tail of her car starts coming my direction. If I was to drive at the current speed I was going, she would have hit my car door, but instead I speed up and she hits the rear of my car behind the tire. She said she didn't see me. The image shows what happened; You decide whos fault it is.

http://img234.imageshack.us/img234/8858/accident2ca5.jpg
Additional Details
In addition, I just got my licenses 4 weeks ago, and she said she got into a previous accident a month ago interesting

Mel

If your pic is an accurate location of exactly where the cars were within the carspots, i reckon she can't drive too well. If I were reversing out of that spot I would have reversed back further in straight line before swinging steering wheel.
While you cut across parking lots, it's pretty irrelevant to the accident.

CuddleBug

I think it depends on when you started pulling in and she started backing out

The biggest problem is that you were not driving down the aisle of the parking lot, you were driving across the other parking spaces to get to your spot. She would not really be able to anticipate that or look for it.

I think you both contributed. You a little more

Tia

I blame her!

The fact that you cut threw the parking lot has nothing to do with her hitting you.

Good Luck.

upssius

Don't mention the first paragraph of your story. Just tell the judge that you were pulling in to park and she pulled out and didn't see you. It was totally her fault in my opnion. So keep it simple.

china

i say hers, she should've been paying attention i think she didn't look b4 going out.

Leisa

I think the person backing out is at fault. You were almost all the way in the parking space. There isn't any way you could have avoided the accident from the angles in the pic in my opinion.
Wishing you the best of luck on the outcome.

Ryan

the image cleared things up a bit, but i think you were right.becuase it looks as though she cut into your parking space, and when backing up cars coming in the other direction (including cars that are parking) have the right-a-way. i'm not 100% sure about that but i'm pretty sure.

terrellfastball

The accident itself appears to be her fault, failing to maintain proper look-out. But, you did contribute by cutting THROUGH (see proper usage) and approaching from an abnormal direction, she looked up and down the driveway, hopefully, just as you did but not at other vehicles that were parked or in parking spaces, such as you cutting through. You make no mention of seeing her reverse lights (the white ones) or brake lights coming on to warn you she was about to move or that someone was in the car.

And by the way, Wal-Mart is a proper name, and should be capitalized.
WITH has an -H-, wit is no a true word.
AND is normally spelled with a -D-

Many jobs require attention to detail. Although your statement is very coherent, if applying for such it is these things that can make or break your chances. Keep studying and use a dictionary when there is any doubt. You will do fine.

ididntdoit99

I'd say it is her fault... but you could have prevented the accident. If you had time to see her coming and speed up, i think you could have just as easily layed on the horn and got her attention.

Sweetheart

i think it is her fault

rwasham729

it is illegal to cut across a parking lot, it is called ' Avoiding an Intersection '
It is just one of those laws that is kind of a catch-all offense, usually intended to catch someone cutting thru a lot at a stoplight intersection to make a turn without waiting on the traffic light.
just dont mention that you were cutting through the lot unless someone asks.
since the other person was backing up, that would lead me to believe they are at fault. as long as you were not violating other laws, you should be fine. the person backing is responsible for anything/anyone they hit because it is THEIR responsibility to determine that it is safe to back up.
if this occured on private property, most likely insurance will consider this a 'no fault' accident and no license points will be involved.

Tequila+whiskey..mmmm

Well they say the person reversing is always the one in the wrong..it would be like me reversing out my drive way and backing into the car across the road,i'd be in the wrong..hey love dont mention how long you've had ya license for,and hopefully the judge dont ask for it neither,and dont mention cutting across the car park neither,they can say you were "hooning" around the car park...

UCANTCME

You have asked this question before but since you have a picture now the fault would be definitely be her fault for not maintaining complete control while reversing her car.....

Tara M

This is kind of like what happened to my best friend.
She got the blame for the accident because she made a J-Turn into the parking spot. Even though the lady started backing up & slammed on her brakes (we thought that's when she saw us) but instead of pulling back in and trying to back out again.......she keeps on driving in reverse and slammed into the back-driver's side door.

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