Auto accident, who's at fault Read the story you decide?

the setting is a parking lot, 8:40 am.

Driver A, is pulling forward out of a parking spot

There is a large vehicle in the parking spot Left of driver A, limiting visability.

Driver A pulls out of the parking spot, pulls 3 feet forward, see's a van comming from the left, stops, goes for the gear shifter to put the car in reverse and get out of the way, and before they can get in reverse. Driver B hits Driver A doing considerable dammage to driver A's car.

Driver B, was headed east down the Isle, and had the right of way, however had plenty of time to stop, or swerve, or both, but because the sun was in driver B's eyes, Driver B did not see Driver A, and did not slow down, stop or Swerve.
Who's fault is the accident and why.
Additional Details
can anyone answering this give me a star, I want as many people to see this as possible and give me help on this one. Thanks

calipink22

Both drivers are partially liable. Driver A is at fault for not yielding to oncoming traffic. Even though Driver A was stopped partial fault still rests on Driver A for causing an obstruction. Driver B is also at fault for not avoiding a collision. Sunlight in your eyes is not an excuse in any state. You are to remain in complete control of your vehicle at all times regardless of weather conditions which Driver B failed to do.

Donna L

It's a tough break, but I'm thinking driver A is at fault. Why? Because driver A is leaving a parking spot, while driver B is in the drive lane. It's someone moving from a full stop situation versus someone in a full motion situation, if you get my drift.

Actually, though...depending on where you are and the laws of that area, this could be a no-fault accident. If the parking lot is private property, the police around here usually tell each driver to contact their insurance company.

If the insurance companies want to slug it out between them, let them have at it!

Mike V

It is still driver A's fault. If driver A is not sure that somebody is going to hit them, then they should not have pulled out. I remember driver's ed 15 years ago, and they told us that if we could not see..., then we needed to open the door, stick our head out, and look. It is driver A's fault.

I'd have to say driver A.

â™¥ Uwish â™¥

Driver A is at fault for failing to yield the right of way, although Driver B contributed to the accident by not taking an action in attempt to avoid the collision

RDC

Driver A is at fault. Even though they had blocked vision, Driver B had the right of way and driver A has a duty to insure that the area is clear before moving forward. Plenty of time to stop is a very subjective measure, and even if driver B did have a lot of time and admits that he could have swerved but didn't, or didn't avoid the accident when he knew he could have then there would be a slim amount of liability placed on Driver B...maybe 5%, but even then that would be a big maybe.

Sorry if you are driver A

Clueless

Driver A is at fault. He pulled out in front of driver B

~â™¥chikititaâ™¥~

your fault, because you were obstructing the way, if you had limited visablility than you should of got off the car and checked for coming traffic. The other driver could of stopped too, but it is more of your fault because you were on the other side of the road. The other driver had the right of way.

Aliz

I am a little confused as to which car is which, but if the car was 3 feet out and the other car hit that car it is the one who hit the front part of the car it is that persons fault. So, the car coming down the isle is at fault because the car that was pulling out was stopped before it was hit.

jamesk207

I think it's the driver of car "C"......

rkrieg3

If you live in Minnesota or another "no-fault" state it doesnt matter. If not then it will probably be driver A's fault. Unless there is video surveilence of the accident proving that driver B intentionally hit driver A or swerved into driver A or was driving too fast. Driver B did have right of way. Unfortunately, having a blocked view doesn't negate fault.

I am

B. they hit Driver A thus B Driver B was in the path of Driver A.

you are responsible for all object in your path. At least that is the way is in Texas and Louisiana. Also in Texas I know that if you use an excuse that is along the lines of "i could not see" you must not be in motion for any acedent not to be blamed on you.

mbrcatz

Driver A is at fault.

There are standards of fault. In most states, entering or leaving a parking space, from or to the aisle, is the standard of fault.

Some states would assign some fault to driver A, and some to driver B.

It's all about case law in each state.

livin life ãƒ„

to do considerable damage in a parking lot sounds as if driver b may have been speeding and not paying attention. so driver b i would think would be at fault, imo. =D

the DON

I would have to say driver B is responsible for the collision. Driver A didnt hit B but rather vice versa

ugha

there both at faul.. driver A should look even if there is a car in far distance coming they have to not go.. driver b should of stoped.

if both inssurances say that its the others fault then both of them are at fault and noone would have to pay more.. so i think your driver B?

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