Legal Question in Traffic Law in Illinois

I was in a parking lot and was traveling down the middle of the lane, not all the way on the right but not on the left, I would say more toward the center, there is an arrow indicating that traffic is only to travel in one direction so traveling towards the center of the lane should be ok. Cars are parked on both sides not on angles. I was attempting to turn right into a parking spot (my vehicle never stopped) and a car who driver was impatient unknowing to me was attempting to pass me on the right hitting my passenger side front tire and front passenger quarter panel and bumper. There were many empty spots and in order to pass me she used the available road and also went onto the empty spots to get around me. She would have never had enough room to pass me on either side had cars been occupying those spots because of my position on the road. I did not use my signal to indicate that I was going to park. Who is at fault in this situation. Me for not using my turn signal or the driver attempting to pass a car who is attempting to park. The other cars damage was on the driver side front light. My vehicle was moving into the turn when she hit me. The reason I was more toward the middle of the lane was so I could manuver into the spot while I was making the turn. Who is at fault? We have a crash report from the police report and the report states that in summary, units 1/2 were WB down the parking aisle in the south lot. As unit 2 was pulling into a parking spot, to its right, unit 1 attempted to pass unit 2 on its passenger side. Driver side front end of unit 1 struck passenger side front end of unit 2. Doesn't this clearly state that she hit me and is responsible. Their insurance is giving me a hard time and investigating, I only have liablity and am up a tree if they don't. Who is at fault? If their insurance refuses to pay, do I have a case?


Asked on 5/17/12, 6:12 am

1 Answer from Attorneys
Alex Arezina Alexander I. Arezina, Attorney at Law

It seems as though you have the better case based on the facts as you have described them. However, even if you filed suit against the other party, the trier of fact could deduct the award for your comparative negligence. If you are talking about damage under 5K, you could file a small claims case (there are standard forms) against the other driver in the Bridgeview, IL courthouse...it appears you are in Oak Lawn. You would have to pay a filing fee and you can serve via certified mail. Presumably, you have other driver's address on the police report. Once the other driver is served with the small claims suit, then his/her insurer will either retain counsel or try to settle more expeditiously. Were there any other witnesses? What is amount of damage? Who is her insurer? These are questions I would want to know answers to. I hope this helps.

If you want to discuss this further, feel free to email me at [email protected].

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Answered on 8/16/12, 6:48 am


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