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Right of way v. speeding | Who is more at fault?
I was in a parking lot that has a residential alley that runs through it.
Before making a right turn into the alley, to the left I saw a large truck coming in the alley, but it was still quite a distance away (maybe about 4 or 5 cars' distance), so I turned into the alley slowly as the turn was right at the exit of the parking lot and at the end of the alley.
Before completely making my turn, the truck hit me on the driver- front side just about where the tire is and pushed my car to the right. He continued to move for approx. another 3-4 seconds causing my front fender to come apart from the car.
Parts of it is broken off, and the right side of the fender is popped off from the impact. After exchanging information, he said "I didn't even see you at all, I think my son probably saw you though. I thought I hit a curb."
I understand that the driver going straight usually has the right of way, but who is liable in this case? I had no stop sign, but still stopped to check - he seemed to be a reasonable distance away, but when he hit me, it seemed that he was going way too fast for a parking lot. AND he stated that he did not see me. Is that considered negligence on his part?
Probably yes. His statements will hurt his case significantly I believe. However, as you know, people retract statements all the time. Or they will “say” that they never made such statement. A word v. word situation can be difficult.
It is very hard to say who has more negligence in the situation you describe. It is difficult to picture the ally coming into a parking lot.
The visibility of the area will have a lot to do with an actual negligence investigation. You do want to make sure your adjuster does a scene investigation to take a look at that set up. Remember that parking lots are “private” property and therefore the “public” rules of the road might not apply.
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