Legal Question in Traffic Law in Oregon
parked vehicle yield to right-of-way to unparked vehicle?
What is the law regarding the requirement of a vehicle parked in a public parking lot to yield the right-of-way to a vehicle which is moving in the parking lot traffic flow? It seems a matter of common sense that the parked vehicle must yeild to the moving vehicle but I have been unable to find it codified or an appropriate case in which it was found that the parked vehicle is the one to yield.
1 Answer from Attorneys
Re: parked vehicle yield to right-of-way to unparked vehicle?
Don't get stuck on the failure to yield issue. There's probably nothing that appears in statutes or in the opinions of the appellate courts but that doesn't matter. Also, without knowing how the accident occurred, and assuming that parked car pulled out without proper lookout the issue of fault is pretty obvious. Reasonable forseeability is the key. If the parked vehicle driver failed to look and pulled in front of a vehicle moving in the aisle between or near parked vehicles because such action was unreasonable and it's reasonably forseeable that such failure could result in an accident and that would add up to liability. Good luck.
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