Huh? Pulling through gives you a much better view of the lane than backing out ever could. But,
If you don’t look, that doesn’t matter.
Note this thread is a zombie from May, 2012.
Here in Minnesota, we have quite a few Amish & Hutterites who regularly engage in carless driving. Sometimes even when drunk – that can result is legal consequences.
I agree with the majority. 100% red car’s fault. Yes, the blue car could perhaps be cited for violating traffic laws, but the blue driver’s violation didn’t contribute to the accident.
It’s almost akin to being drunk, sitting at a red light, and getting rear ended by another car. Intoxication didn’t contribute to the accident.
" (I have heard this about NJ, not sure how true) it is illegal to back into a parking stall"
Not true at all.
I would have to say that driving in a parking lot in reverse at speed approaching 20mph very easily could be characterized as careless driving.
Is this supposed to explain how to make an animated GIF, somehow? Or what?
Careless driving on the part of the hittee does not absolve the hitter of their obligation to look before entering the traffic lane. Once the reversing car is in the traffic lane, they have right of way. It simply means both drivers will be paying traffic fines.
The only argument is to claim the person was going so unreasonably fast (60mph?) that it was impossible to see them coming using reasonable precautions -in reverse! Good luck proving that in court, especially if the damages to the reversing car do not include a scrape along the entire side of the reversing car, from front to back bumper…
Or… prove that the car was pulled out of the spot and the person reversing should have seen it and did not see or stop in time - in which case it would be a solid rear-end (to rear-end?) collision or the reverser would have hit the side of the exiting car; the collision would not be into the side of the reversing car.
I don’t know if the question has ever been adjudicated, but to me 15-20 mph in a parking lot is unreasonably fast in forward, especially so in reverse.
How about if a child ran out in the path of the car. Normally, if a pedestrian runs ‘from out of nowhere’ in front of a moving car, it is the pedestrian’s fault. How about if that car is carelss driving?
“oncoming traffic may have identified that spot as empty and started to pull into it before you started moving forward.”
this is identified as an uncool move by the poster. let me suggest that identifying a park space as empty before one can see its entire length is pretty uncool in and of itself.
That aside, what’s the problem? The ‘pull through’ car, now backs up and exits (or parks) in the first space.
Earlier in the thread, the poster said “Photoshop.” Another option is Flash.
Creating an animated GIF is a bit complex and can be a good bit of work. Basically it’s like a short movie with each frame being a separate image. The animation the OP linked to probably has 25 or more frames/images in it.
If you don’t have Photoshop, Flash, or any drawing/animation software skills, it is going to be a non-trivial task. LibreOffice seems to have the capability to create and export animated GIF files, according to this help entry: https://help.libreoffice.org/Impress/Creating_Animated_GIF_Images
The trouble is, this sounds like the judge Judy show. Two wrongs don’t cancel out.
If the person pulling out of the parking spot could have seen the oncoming vehicle (which had right of way) and avoided it, they are at fault for failing to yield. So his only defence was the vehicle came out of nowhere so fast that he could not reasonably have seen it coming. I doubt 15-20mph falls into that category, epsecially facing forward…
If the person in the lane was coming too fast, or was so far away they had plenty of time to stop and failed to, then they are at fault. Otherwise, the obligation is on the pulling out vehicle to ensure the lane was clear.
15 to 20mph in a parking lot is fast, but not so fast that it transfers the blame (unless there was a blind corner). 15 to 20 mph and hitting a pedestrian - that is probably reckless, and then the blame may fall on the driver - especially if the pedestrain was very old, very young, or otherwise impaired. OTOH, if the child runs out from between parked cars full speed, then again - not the driver’s fault if nobody could reasonably have avoided them. Still, that brings up the question of reasonable, which boils down to “tell it to the judge”.
Red driver probably took a quick look, saw the back end of the blue car and assumed it was going the other direction…
As I asked much earlier in the thread, where are you getting your information?
I can tell you of a similar experience I had in a small parking lot in Ohio. There was very little room to back up and then pull forward to make a left out of the lot. Behind me about one and a half car lengths was the street. The parking lot extended about five cars to my right and there were only buildings in front of me. Before backing up I made certain there was noone behind me, looking left, right and left, then proceeding slowly. I was half out of the space when I stopped and looked again. I then backed into another car who was sitting in my blind spot (she was pulling in off of the street and was right behind my left rear corner where I could not see her) and who never honked her horn or warned me in any way. I was found to be at fault because I was moving even though I was backing out of the space before she even entered the lot. Had my car been damaged I would have fought this in small claims court but as it was not I just let my insurer pay and gouge me.