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Old 06-18-2016, 01:54 PM   #11
adjusterjack
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Default Re: Who is at fault based on CA law?

Quote:
Originally Posted by Disagreeable View Post
You did not make a 90 degree exit from the lot. you cut across the incoming lane portion, which another vehicle tried to occupy at the same time unsafely. The vehicle in the road had the right of way, backing or not.
Gonna give you an argument about the "backing or not" part, Dis.

Had the OP stopped at the exit and been hit by the truck backing up, then the truck driver would have been 100% at fault.

All drivers have a duty to back up only when it's safe to do so. If you back up and hit somebody or something, then it obviously wasn't safe to do so and that's negligence.

The concept of comparative or contributory negligence allows the apportionment of fault when two drivers each make bonehead moves and hit each other, as in this case.
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Old 06-18-2016, 06:21 PM   #12
130smartchick
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Default Re: Who is at fault based on CA law?

The salient point is that the OP did not stop. That is why he bears a portion of the liability.
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Old 06-19-2016, 03:57 AM   #13
Disagreeable
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Default Re: Who is at fault based on CA law?

It was safe for them to back until someone came racing across the parking lot in a car.
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Old 06-19-2016, 12:17 PM   #14
adjusterjack
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Default Re: Who is at fault based on CA law?

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It was safe for them to back until someone came racing across the parking lot in a car.
Take another look at the video.

There was nothing safe about backing up across lanes like that.

There was also nothing safe about how the truck left the driveway. He did not wait until his target lane was clear, as evidenced by the car that came from his right causing him to stop dead in the middle of the street.

Two impatient drivers, each making a series of negligent moves, ultimately resulting in a collision of their vehicles. Both share in the fault.
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Old 06-19-2016, 05:55 PM   #15
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Default Re: Who is at fault based on CA law?

Quote:
Originally Posted by 130smartchick View Post
The salient point is that the OP did not stop. That is why he bears a portion of the liability.
I beg to differ. I ATTEMPT to make a complete stop. You can tell by the brake light that I was trying to slow down to a complete stop. As I was trying to do that, I saw the truck backing up so I hit the gas pedal in attempt to avoid a collision.

Am I partially at fault for not doing a complete stop in order to avoid a collision?

If the guy hadn't backed up, I would have made a complete STOP. This is the point I'm trying to argue.
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Old 06-19-2016, 10:11 PM   #16
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Default Re: Who is at fault based on CA law?

The backup lights are already lit on the truck as you approach the end of the driveway you are exiting. Had you noticed that you would've come to a complete stop before leaving the lot. In that case had the truck then backed in to you it would be 100% his fault.
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Old 06-20-2016, 12:34 AM   #17
adjusterjack
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Default Re: Who is at fault based on CA law?

I don't know how many times this has to be explained to you but I'll give it one more try.

Quote:
Originally Posted by shortfused View Post
I beg to differ. I ATTEMPT to make a complete stop. You can tell by the brake light that I was trying to slow down to a complete stop.
It was already too late, like interrupting coitus while ejaculating. It doesn't stop the accident.

You were already at fault for barrelling out of the parking lot at the extreme angle.

Quote:
Originally Posted by shortfused View Post
As I was trying to do that, I saw the truck backing up so I hit the gas pedal in attempt to avoid a collision.

Am I partially at fault for not doing a complete stop in order to avoid a collision?
Yes.

Quote:
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If the guy hadn't backed up, I would have made a complete STOP. This is the point I'm trying to argue.
Won't wash.

The time to have stopped was before you exited the parking lot.

Go back to the video. At exactly the 36 second mark is when and where you should have stopped to make sure that the street was clear for you to exit. Had you stopped there for even two seconds you would have seen the truck starting to back at the 38 second mark and you would have been able to sit still while the scene played itself out and you would have avoided the accident.

Protest all you want, but driving out of that driveway the way you did was just a very bad move and puts you partially at fault for the collision.
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Old 07-10-2018, 02:08 PM   #18
key3
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Default Re: Who is at fault based on CA law?

Hi,

CA Civil Code 1431.2 might give some clarity on how the state "determines" fault.

Additionally, filing a police report is a great way to make sure you aren't railed by an insurance company that says you're 40% liable. Typically, if you explain the situation clearly to a police officer, they will report it and you can send that report to your insurance company. If insurance companies believe that you have been in a "minor" accident, then they are more likely to increase your liability.

Hope this helps!
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