Legal Question in Personal Injury in California

I was leaving my bank and a lady pulled up be hind me while i was pulling out of my parking spot... she then stopped and parked behind me in the red zone directly infront of the bank which caused me to reverse into her.. am i at fault?


Asked on 9/21/09, 2:09 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Yes, you ran into her car. You should have been more careful and seen that there was not enough space [honking would get the security guard to come and to get her to remove her car]. She has some comparative negligence, but you still are mainly at fault. If someone is crossing the street and is not in the crosswalk or is goin against the light, can ou run into them without any liability? Of course not. You were the one who had an opportunity to avoid the accident. You might be able to argue that people who stop in red zones should reasonably be aware that it is likely some one will hit their car, so the other driver has some fault also.

As a side note, sometimes it ils best not to report an accident to your insurance carrier. If you are at fault and the damage is less than what your insurance rates will go up by [many carriers now raise rates if you have one point], then economically it may be cheaper to pay the other driver for the reasonable amount of damages and neither of you report it to either carrier [your insurance contract does not require you to submit all claims you might have, although it might require you to report all accidents, and you are suppossed to report to the state DMV any accident involving more than $750 in property damages.

In using a crosswalk, technically you must be inside the broad parallel lines; walking on the line is walking outside the cross walk lines.

Read more
Answered on 9/21/09, 2:45 pm
Joe Marman Law Office of Joseph Marman

You are probably at fault since you hit her.

Read more
Answered on 9/21/09, 2:50 pm
David Lupoff Law Offices of David B. Lupoff

With regards to the red zone, if the red zone was intended to prevent accidents such as yours, then there would be some comparative fault by the person who owned the car that you struck. Otherwise, you always have a duty to look behind you before you pull out of a parking space. Suppose there was a child behind you instead of the other car?

Just count your blessings and look behind you next time you pull out from a parking space.

Good luck.

Read more
Answered on 9/21/09, 4:40 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California