Legal Question in Traffic Law in Wisconsin

Parking lot fender bender

My 18 year old daughter, slid into another vehicle in an unmaintained parking lot of the local movie theatre. The police were called and no one was given a ticket. neither my daughter nor the other party had auto insurance at the time of the accident. the officer did not give my daughter a ticket because the parking lot was glare ice and the accident could not have been prevented. 2 months later the other party sent my daughter a 2000.00 estimate for damages, my daughters car also had damages. Is my daughter legally responsible for dmage to their auto?


Asked on 1/17/01, 10:10 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Parking lot fender bender

Parking lots are legally ambiguous places, with most

rules of road not strictly applicable. The duty to

maintain proper lookout and control over your vehicle,

however, probably does still apply. Your daughter

may therefore have been negligent for failure to maintain

lookout and control. In the event that the ice was

a factor, she may be negligent for operating too fast for

conditions. Only a judge or a jury can decide for sure.

Unfortunately, the Department of Motor Vehicles may

take a different view. They normally suspend the

operating priviledges of any uninsured driver who

could concievably be found at fault in an accident.

The only way to avoid the suspension if you lose the

hearing before the DMV may be to either file bankruptcy

or settle with the other driver. Please send me a

private e-mail for further details.

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Answered on 2/13/01, 10:11 am


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