who is at fault in this accident

[Outdoorsman9]

Re: who is at fault in this accident

The mini van should have been looking where they were going, and the Truck shouldn't have flown around the corner only to stop right in the way of the person backing out.

Both are at fault and/or retarded.

 

[NY700]

Re: who is at fault in this accident

For what its worth I am an insurance adjuster
Duties owed vs duties breached
The party backing up as a general rule always has the greater duty owed. By its very nature driving in reverse creates an additional hazard due to reduced vision and in most cases you are all beit for a short time usually going against the flow of traffic.
It is rare as an insurance adjuster that we have video and usually have to weight through the BS each party involved wants to sell us.
The truck (as usual for most people in parking lots) was going too fast, not to fast for any poted speed limit but too fast to control his vehicle for the environment proof is self evident he couldn't avoid the van, he cut the corner as appoed to making a 90 degree turn as weare all suposed to do which reduced the vans time to react, and we can probably assume no signal since most people don't and based on speed and angle probly didn't but since wecan not prove yea or neh we wond include that one.
The van again has the greater duty since backing and entering on coming traffic to provide proppr lookout and assured clear distance.
Since the contact was to the passenger side of the truck, the position of the truck does show that he was in the lane ad the mini van was not yet out of the spot.
Falt to the mini van comparative neglegence ill go 70% van 30% truck

 

[Tac22]

Re: who is at fault in this accident

White truck could have kept going and avoided the accident. White truck while stopped could have honked the horn and got vans attention. With that said the vehicle at fault is the van for not paaying attention to where it was going. Definately not a Fork Lift driver ! LOL

 

[Early Cuyler]

Re: who is at fault in this accident

Government.

 

[JByrd]

Re: who is at fault in this accident

lets fly through a heavily congested parking lot...oh crap theres a moron in a minivan backing out...maby i should park here and wait on the idiot to back into me. CRASH perfect. two people hopefully learn a driving lesson, the hard way

 

[BravoSector1]

Re: who is at fault in this accident

I have a headache...public parking lot...PAY UP BITCHES!

 

[Jasmck]

Re: who is at fault in this accident

The truck should have stopped because the minivan was backing up.

 

[NY700]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jasmck</div><div class="ubbcode-body">The truck should have stopped because the minivan was backing up. </div></div>

That is completely incorrect. The truck has a duty to attempt to avoid the accident as a last chance effort. Thegreater duty always falls to the vehicle reversing as they are
Entering traffic
Creating the greater danger
And going against the flow of traffic
Athough the truck shares in neglegence the van caused the accident and is ultimately responsible

 

[SONIC SAAMI]

Re: who is at fault in this accident

The van driver is at fault.

Anytime you are backing up and strike something you as the driver backing up are at fault.

This accident occurred on privet property so the rule of right of way will not come into play.


Now for the truck.

Its driver is a impatient and needs to slow down.

 

[Paulus]

Re: who is at fault in this accident

OK, regardless of what truck does, if minivan driver uses mirrors, it never happens. thats it. law says you back into something, you are at fault. its that simple. Mirrors, there's 3 of em on every car truck or van for a reason.

just my take.

-Paulus

 

[Paladin4Christ]

Re: who is at fault in this accident

+1 on the minivan. However, what the heck is the truck doing just sitting there. Did the truck honk? If I was in the truck, I would have honked and pulled forward.

Then again, if the minivan driver was using mirrors, the giant white truck would be pretty obvious.

 

[ShakyDave]

Re: who is at fault in this accident

Standard for operating a motor vehicle is "highest degree of care" at all times. In a parking lot, the vehicle backing up has to yield to vehicles already in motion. The truck came to a stop directly behind the minivan, which was also paused for a second, then resumed backward travel into the truck. If the minivan driver was looking in the rearview mirror and backed into the truck it was deliberate, and if the minivan driver wasn't looking in the mirror it was negligence on the part of the minivan driver.

 

[WRM]

Re: who is at fault in this accident

That truck was nowhere to be seen when the van started backing out and then placed itself in the way of the van. I vote "truck's fault"....

Well, the driver of that truck....

 

[Force_Multiplier]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: WRM</div><div class="ubbcode-body">That truck was nowhere to be seen when the van started backing out and then placed itself in the way of the van. I vote "truck's fault"....

Well, the driver of that truck....</div></div>

so, you check once and then face forward during backing?

people are even talking about mirrors...

it's been a while, but I'm pretty sure that my grandfather and drivers ed teacher both taught me to "turn and look while backing"... and I'm pretty sure the DL examiner would flunk you if you tried to back up w/o looking over your shoulder.

 

[Paulus]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Force_Multiplier</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: WRM</div><div class="ubbcode-body">That truck was nowhere to be seen when the van started backing out and then placed itself in the way of the van. I vote "truck's fault"....

Well, the driver of that truck....</div></div>

so, you check once and then face forward during backing?

people are even talking about mirrors...

it's been a while, but I'm pretty sure that my grandfather and drivers ed teacher both taught me to "turn and look while backing"... and I'm pretty sure the DL examiner would flunk you if you tried to back up w/o looking over your shoulder. </div></div>

exactly!

-Paulus

 

[WRM]

Re: who is at fault in this accident

Truck driver was a moron for pulling in when someone was already 2/3 the way out of their spot....

I got hit one time when someone was backing out - she said "I didn't hear my back up warning chime". No shit, it doesn't work sideways....

Whatever, I really don't care.

(Edited to add)
Truck driver waits for car - no problem.
Truck driver completes turn - no problem.
Truck driver stops halfway through turn - WHY????
Because they realized THEY screwed up and there really wasn't room to complete the turn....

Sure, the car should have seen the truck and stopped, but the truck should not have been there in the first place.

Just the way that I see it....