Legal Question in Traffic Law in California

Who's At Fault Here?

Yesterday, as I was BACKING UP, inching my way into a parking spot (parallel parking), This truck coming up from behind just SPED UP, swerved left to overtake my car. BUT, in the process of doing so, his RIGHT/REAR tire Clipped & Ripped the FRONT/LEFT side of my (Front)bumper. Today he called, said that according to California Law, it's MY FAULT because I was the one BACKING UP. IS THIS TRUE?


Asked on 3/21/07, 11:53 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Who's At Fault Here?

The answer depends upon the facts. How far back was he when you started to back up. The location of you vehicle. However, based on your statement that he sped up it would appear that he was at fault. If you have collision insurance turn the claim over them. They will investigate and determine who was at fault. Otherwise small claims court with a limit of $5,000 should be enough to cover the cost of the repairs. If you go to small claims court take pictures of the street. Measure the street width where the accident occurred. Have a measurement of the width of the driving lanes. Courts have a small claims clinic to help you prepare your case.

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Answered on 4/08/07, 1:35 pm


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