Who is at fault? When a black car has their rear end blocking driveway at night and a car backs out into it?
Find answers to your legal question.
Who is at fault? When a black car has their rear end blocking driveway at night and a car backs out into it?
 
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?
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You could have had the car towed for obstruction of traffic. |
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mustanger
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Need to get a local police reading on that. I'd say both are at fault. Most places it's a violation to block a drive, but that doesn't give you carte blanche to hit them. Regardless of the time and the color of the car you should check for obstructions prior to backing. |
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fighting saints
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You didn't provide enough detail about how the accident happened, but in most cases the car that backs into a stationary object (car, pole, garage etc) is the considered at-fault. You have a duty not to move your vehicle unless it is clear and safe to do so. |
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la428282
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You cant hit something just because its blocking your way. It is completely irrevelent that it was black... what if it was a black dog back there? What if it was a black bike with a child on it?
Quit making excuses and accept the fact- your at fault.. you were driving and hit a parked car.. parked cars cant be at fault. |
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schurz04
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The car that backs out into it. |
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CwboyBill
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The car that backed into it.
DUH..... |
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Mom
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I beleive the car backing up is always considered to be at fault. |
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Luna & Lawnboy
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You are certainly at least 50% at fault since you backed into a stationary object.
However, some comparative negligence may be attributed to the other guy for blocking a driveway. Unfortunately, it is slight.
Don't bother trying to go through his insurance company unless you live in a state where the rules of negligence are Pure Comparative. For example, even if you are 90% at fault for a loss, you can still recover 10%. Otherwise, it is a good bet that your claim will likely be denied.
Here is a website that can guide you:
http://www.latitudesubro.com/statute/CONTRIB_NEGLIGENCE.pdf |
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