Ask an Attorney a Question for FREE!

Backing out is blocked - Fender Bender

by Dave

I was parked in a private driveway visiting a friend, the driveway is steep. Another visitor to the house parks his car on the street and goes in the house.

I leave and when I back out I hit the fender of the car.

The other driver had blocked my exit (they thought the van belonged to the owner - and knew the exit was blocked for the van). Due to the steep driveway, I could not see that the fender was in my path.

If I had seen the fender in my path, I could not have exited (I was at the house to pick up a child and leave). Do they share any liability?


Hi Dave,

You can make the argument that they were illegally parked.

However, this is a hard claim to win. The duty rest on the driver to lookout before backing. The vehicle was behind and was there to be seen. The vehicle was there when you got in the vehicle and when you backed out.

Courts will tell you that you could have hit a child. Your failure to check behind was the proximate cause of the accident.

I follow your thinking, people do not park in front of drive ways for that exact reason. However, in a purely "fault and liability" analysis, you will probably be held %100 at fault.

I am sorry you are in this situation.

Good Luck.

Comments for Backing out is blocked - Fender Bender

Click here to add your own comments

May 10, 2010
It is not 100% your fault
by: Anonymous

I disagree. It is not 100% your fault IF the other
driver parked in front of a driveway.
If the other parked in front of a driveway and you backed in to it, then both of you are liable
1)50% the other driver's fault because he/she
should not have parked in front of a
driveway. That is illegal. If the other driver
did not park in front of a driveway, then you
would have not hit it.
2) 50% yours fault because you didn't look very
carefully backing out.
This happened to me and I just work it out with the other guy and we both pay 50% of the total damaged cost! MM

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below:

For a Free Review of Your Case
Please Call (866) 878-2432