who is at fault in this accident

[cummins cowboy]

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watch the video, fast forward to about the 1:25 mark. I am not going to say who is who because I want an honest opinion from you guys who should be at fault here.

 

[MAGUA]

Re: who is at fault in this accident

Minivan !

 

[rrflyer]

Re: who is at fault in this accident

Looks like the minivan hit the truck to me.

Why where the people in the minivan parked in a handicap zone when they both sprinted to the vehicle?

 

[skog]

Re: who is at fault in this accident

Minivan

 

[cummins cowboy]

Re: who is at fault in this accident

at what point is right of way established??

 

[lazy21]

Re: who is at fault in this accident

It will be 50/50(your insurance fixes your and mine will take care of mine) if this film is showed. reason I say, mini should watch before pulling out, but truck looks like if it were speeding too. Also making a wide turn like that where it would make it difficult for mini to see the truck. Then to top it off, the pick up had a time/chance to move.


edit mini= GMC Envoy

 

[Slapchop]

Re: who is at fault in this accident

They both seemed like they weren't watching where they were going but the pickup stopped when she finally saw the minivan backing out. The minivan only stopped when it struck the p/u.

I'd write it up as backing unsafely and inattention on the part of the minivan driver.

 

[Kevlars]

Re: who is at fault in this accident

Truck ..

 

[DCR]

Re: who is at fault in this accident

Legally? I don't have a clue. They both fail at driving. Big white truck...how'd they miss that? If the truck wasn't in such a hurry and actually paid attention to his surrounding it would have seen the minivan...and wtf is up with slamming on your brakes when you could have just kept going and been clear of the entire incident. Stopping is not always the correct action.

 

[dogmessiah]

Re: who is at fault in this accident

Department of motor vehicles for issuing those two individuals licenses.

 

[tansinator]

Re: who is at fault in this accident

You should both have your driver's license revoked

 

[ramrod14]

Re: who is at fault in this accident

The driver was an old man (grandpa) and the white truck didn't yield to the minivan that was already half way out of the parking spot. The white truck it appears to be in a hurry and tried to make a wide turn to get around the minivan.

 

[D Miller]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: lazy21</div><div class="ubbcode-body">It will be 50/50(your insurance fixes your and mine will take care of mine) if this film is showed. reason I say, mini should watch before pulling out, but truck looks like if it were speeding too. Also making a wide turn like that where it would make it difficult for mini to see the truck. Then to top it off, the pick up had a time/chance to move.


edit mini= GMC Envoy </div></div>

Personally i would lay more blame on the truck. Stopping behind a vehicle already backing out usually doesnt end well, plus there was adequate time to get out of harms way. Not sure the insurance/legal end will see it the same.

Some state laws place the backing vehicle the as burden vehicle. As for the insurance end of it i dont know, most likely will end up 50/50.

If your the truck dont show your insurance the vid if your the suv submit it. imo



*edit* that was an unbiased response before I paid attention to your screen name.

 

[drmarc]

Re: who is at fault in this accident

truck

 

[Pok]

Re: who is at fault in this accident

The minivan hit the truck, seems cut and dry to me (not that that means anything)

The truck was also traveling in the driving lanes, and the minivan was entering them, the minivan should have yielded.

The truck driver, if he had seen the minivan moving, could have been courteous enough to wait, but the law and courtesy are different things.

 

[Sean the Nailer]

Re: who is at fault in this accident

White truck is at fault for getting in the way of a vehicle already in motion. This is how we see it. Not a perfect scenario all around, as the van "should" have been looking where they were going. Variable here is, which mirror (of the three) were they using?

The truck got in the way of a moving vehicle. Dumb move.

The truck "gum-boot'n'er" in a parking lot, dumber move.

The truck stopped in the way of a moving vehicle. Dumbest move.

Granted, the van (as stated above) should not have continued moving when their path was obstructed, but stopping in the path wasn't exactly conducive to 'progressive logic'.

Ya think?

 

[High Binder]

Re: who is at fault in this accident

50/50 IMO

But if I got to bitch-slap one or the other, I would slap the guy in the truck for stopping in the van's way.

Interesting tally so far:

5 -van
5 -truck
2 -50/50

 

[thehjot]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Pok</div><div class="ubbcode-body">The minivan hit the truck, seems cut and dry to me (not that that means anything)

The truck was also traveling in the driving lanes, and the minivan was entering them, the minivan should have yielded.

The truck driver, if he had seen the minivan moving, could have been courteous enough to wait, but the law and courtesy are different things. </div></div>

What he said. Unfortunately, as I've learned in the past, the insurance company doesn't give a rat's ass about the "laws". My guess is that you'll both pay for your own vehicles.

 

[Searcher]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Pok</div><div class="ubbcode-body">The minivan hit the truck, seems cut and dry to me (not that that means anything)

The truck was also traveling in the driving lanes, and the minivan was entering them, the minivan should have yielded.

The truck driver, if he had seen the minivan moving, could have been courteous enough to wait, but the law and courtesy are different things. </div></div>

Exactly. The truck was in the lane of travel. The minivan, though he started to backup, does not have the right of way. When the truck came up and obstructed the minivan (granted it wasnt smart, but he had the right of way) the minivan would be required to stop. He failed to stop and made contact with the truck. Legally, it is on the minivan. Officers discretion could split the blame 50/50, but that could be beaten in court IMHO.


<edit>
I watched the vid yet again. Who backs up without looking?! The obvious scenarios for damage to life and property are many.

 

[softcock]

Re: who is at fault in this accident

( My Guess ) . ( No Fault ) It's private property & ( No traffic laws Apply ) .
To pursue, It falls to small claims or civil Court/lawsuit , to establish or award monetary compensation .
.

 

[THUNDERBOLT68]

Re: who is at fault in this accident

Truck he obviously wanted to get hit he stopped to let the minivan run into him.

 

[JCH]

Re: who is at fault in this accident

Minivan. The truck was not moving at the time of the impact. Like his actions or not, the truck came to a stop and was hit by the minivan.

 

[Switchblade]

Re: who is at fault in this accident

They are both NEGLIGENT. NO accident there. The white truck was speeding. I would also say that the minivan had the right of way since the reverse lights were on, and it was in the process of backing OUT of the stall when the truck came speeding into the lane(Driving too fast for conditions = speeding). The driver of the truck was negligent.

 

[Unknown]

Re: who is at fault in this accident

I think the laws vary from state to state. Some states require that drivers yield to people in parking lots who are trying to get out, other states the person trying to get in or out has to yield.

I would check on laws in the state where this happened, but sorta suspect the insurance companies are going to say everyone pays their own deductible.

 

[Searcher]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: softcock</div><div class="ubbcode-body">( My Guess ) . ( No Fault ) It's private property & ( No traffic laws Apply ) .
To pursue, It falls to small claims or civil Court/lawsuit , to establish or award monetary compensation .
. </div></div>

I dont know where they are, but just so you know, traffic laws do apply to private property in California... you can actually be sited for speeding on private property. Dont ask me how I know.

In any case, the truck was not moving when he was hit. If he was speeding, that would be a separate infraction, having little to do with the accident. The van driver backed out with his eyes closed (or they might as well have been closed).

I went to court on a somewhat similar accident. The car that failed to stop was at fault. I was already occupying the space and had the right of way.

Again, who backs out of a parking spot in a busy parking lot without looking behind them?! The driver of the van should be kicking themselves not looking to blame someone else.

 

[sharpstick]

Re: who is at fault in this accident

Two drivers played a stupid game and both won their deserved prize. 50/50 fault

 

[armorpl8chikn]

Re: who is at fault in this accident

Two words here...contributory negligence. If you live in a contrib state you will find out what that term means here, in this instance. In this situation the only thing to do is to exchange insurance info and tell your companies what happened and bite the bullet.
Both drivers are at fault here. Clearly.

 

[dmg308]

Re: who is at fault in this accident

So if a person was standing behind the van who's fault would it be? Moving vehicle hitting a stationary object pretty cut and dry from my view.

 

[wfjames22]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: dmg308</div><div class="ubbcode-body">So if a person was standing behind the van who's fault would it be? Moving vehicle hitting a stationary object pretty cut and dry from my view. </div></div>

What if the person that got hit, ran up behind the van and then when they saw that they were backing out, froze and got hit?

I think that the case in question can be summed up as equal responsibility (or stupidity, however you want to look at it).

 

[PGG]

Re: who is at fault in this accident

Minivans fault but it looked like the truck might have been setting up to get hit on purpose to me. Rushed behind them them stopped if they had kept rushing on they would have been missed. Shit happens PG

 

[Maggot]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: dmg308</div><div class="ubbcode-body">So if a person was standing behind the van who's fault would it be? Moving vehicle hitting a stationary object pretty cut and dry from my view. </div></div>
^^^^^^^^

 

[168BTHPM]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: cummins cowboy</div><div class="ubbcode-body">at what point is right of way established?? </div></div>

Establishing right of way doesn't mean the accident wasn't primarily your fault, if you had last clear chance to avoid the collision and chose not to you can be held liable for damages and in some states criminally charged if injuries occur as a result.

Who is liable for what in the accident on the video will depend on the laws of the state where it occurred, comparative vs. contributory neglience. Both parties have some level of negligence, how that is applied depends on the laws where the accident occurred. Both parties failed to act in a reasonable and prudent manner, the driver of the truck for driving too fast and cutting the corner in a parking lot full of cars and pedestrians, and the driver of the car for not maintaining a proper lookout while backing out of the parking space.

 

[tullius]

Re: who is at fault in this accident

Ah, legal advice online.. This is like asking the bar stool peanut gallery to comment on whether or not you're going to get the girl.

In the end, their opinion doesn't actually count, does it?

 

[Redmanss]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: PGG</div><div class="ubbcode-body">Minivans fault but it looked like the truck might have been setting up to get hit on purpose to me. Rushed behind them them stopped if they had kept rushing on they would have been missed. Shit happens PG</div></div> This is what I was thinking. Reminded me of someone intentionally looking to get hit to file an insurance claim.

 

[eracer]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Slapchop</div><div class="ubbcode-body">They both seemed like they weren't watching where they were going but the pickup stopped when she finally saw the minivan backing out. The minivan only stopped when it struck the p/u.

I'd write it up as backing unsafely and inattention on the part of the minivan driver. </div></div>This.

 

[bornhunter04]

Re: who is at fault in this accident

50/50 with both drivers taking a crash course in drivers ed again, they both failed horribly, minivan can't even back out of a spot straight. But looking at it again, the amount of damage very well could be very minimal, as in if it's low enough on the truck bed they might just be able to push it out by hand leaving maybe a very slight crease. Hard to see in the vid but there didn't seem to be any paint transfer on the minivan. I think if the damage was really serious the truck driver would have been much more animated....

I bet the guys at wal-mart watching the parking lot cameras just sit there and laugh at all the dumb-asses trying to navigate the parking lot.

 

[SniperCJ]

Re: who is at fault in this accident

Guy in the car is clearly alrady backing out when the white truck cuts around the corner too fast and too close and positions himself to be hit. White truck wasnt paying attention.

 

[CheechTheDon]

Re: who is at fault in this accident

Just an educated guess, Cummins Cowboy is most likely driving the Cummins and not the minivan. Sorry to ruin the anonymity.

 

[T2CH]

Re: who is at fault in this accident

White truck, SUV had already established right of way by being more than half out of the parking spot.

 

[Maggot]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: bornhunter04</div><div class="ubbcode-body">50/50 with both drivers taking a crash course in drivers ed again, they both failed horribly, minivan can't even back out of a spot straight. But looking at it again, the amount of damage very well could be very minimal, as in if it's low enough on the truck bed they might just be able to push it out by hand leaving maybe a very slight crease. Hard to see in the vid but there didn't seem to be any paint transfer on the minivan. I think if the damage was really serious the truck driver would have been much more animated....

<span style="color: #990000"> I bet the guys at wal-mart watching the parking lot cameras just sit there and laugh at all the dumb-asses trying to navigate the parking lot.</span> </div></div>

Definately belongs in "The People of WalMart".

 

[Spazz.]

Re: who is at fault in this accident

At least in Kentucky, it doesn't matter if you're already out of the space backing up. If someone pulls up behind you and you back into them, you're at fault. I had a good friend backing out of a blind space in a restaurant parking lot; someone came around the corner and rear-ended him while he was backing out. It was ruled my friend's fault because the other vehicle had right-of-way to travel that direction.

The backer-up should have seen the truck and stopped, allowing the truck to go on around. I can see how the truck would have been hesitant to keep driving, since if the other vehicle continued the path they were on and the truck moved forward on its established line, he could have raked his bedside down the back of the other vehicle. The other vehicle should have been aware of what was behind them the entire time and you can see that when the truck was hit, it should have been visible in at least 2 if not all mirrors. If a kid had scurried behind the vehicle while it was backing up and they backed over the kid, who'd be at fault for that one?

 

[cummins cowboy]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: CheechTheDon</div><div class="ubbcode-body">Just an educated guess, Cummins Cowboy is most likely driving the Cummins and not the minivan. Sorry to ruin the anonymity. </div></div>

actually no, I am not driving either vehicle

 

[Intrepid4576]

Re: who is at fault in this accident

truck is at fault - driving to fast - and stopped behind backing up vehical - truck was not there when the suv started to move - was probly checking another spot they needed to watch when truck came in to quickly and then parked there.....

truck for sure watch it more than once and see more of what actully happens and i think youl agree

 

[lazy21]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: cummins cowboy</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: CheechTheDon</div><div class="ubbcode-body">Just an educated guess, Cummins Cowboy is most likely driving the Cummins and not the minivan. Sorry to ruin the anonymity. </div></div>

actually no, I am not driving either vehicle</div></div>

LMAO.....

 

[mexicanmatch]

Re: who is at fault in this accident

Mini Van at fault, Truck was in main driving lane mini van was entering. He should have looked around him before backing up. White truck may have turned wide and even hit horn so as not to get hit. MM

 

[Graham]

Re: who is at fault in this accident

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: armorpl8chikn</div><div class="ubbcode-body">Two words here...contributory negligence.</div></div>Utah is not one of the four states that use the contributory negligence system. <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 168BTHPM</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: cummins cowboy</div><div class="ubbcode-body">at what point is right of way established?? </div></div>Who is liable for what in the accident on the video will depend on the laws of the state where it occurred, comparative vs. contributory neglience...</div></div>You're making this up. The accident didn't happen on a public roadway. It's a property damage case and Utah is a no-fault state.

 

[jasonk]

Re: who is at fault in this accident

In Oregon it would be the mini van. You have an obligation to not hit stuff and to know where you're backing to and what is behind you at all times. The truck that pulled up behind the mini van could have been a disabled person in a wheelchair, a small kid running across the lot, etc. No matter what the object was, the mini van did the hitting.

 

[Keyser Söze]

Re: who is at fault in this accident

Truck.

In fact, not only do I think the truck was at fault, but the way the truck could have easily avoided the accident, but stopped in their blind spot and just waited to get hit, to me personally looks like the truck driver was attempting to commit insurance fraud.

 

[ArcticLight]

Re: who is at fault in this accident

Legally in my state the minivan is at fault.
Anyone pulling out that causes and accident.
'
Er let me do ublecheck that - Hey WASP?

 

[drmarc]

Re: who is at fault in this accident

It's interesting to see the differing opinions on who everyone thinks is at fault.

I guess that is why we have a court system....