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I witnessed an accident, minor fender bender.
I was there when the police arrived and heard the two partie's details.
Car 1 was stationary and the driver checked their mirrors and saw no vehicle and then slowly began to back up.
Car 2 was coming around the corner of a parking lot island and was going to park in the vacant space next to Car 1. The driver of Car 2 told the police that he stopped his attempt to park, and decided to back up and let the other car back out.
He was asked if he blew his horn to warn Car 1 that they were backing into him and he said no.
The police noted the damage to each car and gave each person some form with an accident number. My name and phone was given.
I was not in vehice 1 so I am unable to say if the second car was seen in the mirrors or if they were seen, but there was plenty of room to back out.
I did not hear car 2 blow their horn.
Is car 2 at fault for not yielding the right of way to car 1?
Car 2 at fault for some other reason?
Car 1 at fault for some reason?
Could both parties be found not at fault?
How does this accident differ from one that occurred on a public road versus where it did happen, which was the parking lot of a business?
You may be right.......car 1 said she did not see the other vehicle in any mirror, indicating a blind spot. The two cars made contact, right rear to left front.
If someone was backing into me, I would have blown my horn, but this was not done. Instead of blowing the horn the guy in car 2, decided to stop and go backward. That took too much time it seems, when the horn might have prevented the accident.
I might hear from the insurance company, not sure. I think they both have the same insurance company.
I am surprised to see this question asked. If you are backing up, you must look and see where you are going, in general by turning around and looking rearward while you are backing up, not by periodically checking your mirrors as you back up, and not by backing blindly expecting anything in your way to alert you by honking or screaming.
I saw the accident and one driver said he did not see the other in the mirror, and the other driver said they decided in the middle of the game to back up instead of continuing into the open spot.
Hopefully, the insurance company does not call me. I just know what I saw and what each driver told the police.
I was once told that looking by turning your head was dangerous because you were taking your eye off the road. I always glance to my right and rear when I am changing into the right lane. For an instant I'm taking my eyes off the car in front of me, which could slam on brakes.
The driver backing up used mirrors and could have looked back, as there was nothing in front but a curb and their car was in reverse, so they could-should be found at fault.
But, if someone is backing into me, I'm going to toot my horn, not tell myself "I believe I'll back up,"
which is what car 2 did.
I don't know if it's a law, but they won't let you pass your driving test if you look in your mirrors while backing up. You need to turn your head around while backing up. For this exact reason.
We see this all the time at work (I manage a fleet). Common sense says car 2 should have blown their horn...but it's not required by law. Car 1 was at fault since they were backing up.
Not sure in this day and age of the horn would help....over 1/2 of our accidents at work are due to distractions....radio too loud, talking on a cell phone (handsfree hasn't helped with this, etc...)
Luckily no one was hurt and they just hit a car and not a person. Please, please, please remember that driving is the most dangerous thing you can do on a daily basis. Be safe out there!
I don't know if it's a law, but they won't let you pass your driving test if you look in your mirrors while backing up. You need to turn your head around while backing up. For this exact reason.
I located the N.C. driver's handbook but can not figure out how to copy paste the part on backing.
It says steer with left hand and look over right shoulder and do not rely on side windows, only the rear window.
Another interesting rule-law is that you are supposed to toot your horn when you are passing someone on a 2 lane road. I've been passed 100's of times and never heard a single horn.
The backer upper may be found at fault.
I'm not sure why the car behind did not use their horn to prevent their own car from being hit. Also, when they came around the short turn and was going to enter the vacant spot, they could have noticed the other cars back up lights. Both persons seem to have been careless in their actions, one backed improperly, one let the accident happen by not trying to warn the other driver with their horn and must not have noticed the backup lights. Neither were noticed to be using cell phones or radios.
It's the first parking lot accident I've seen in many years. I see people who have run into the back of someone at a light, minor fender bender, rear end contact.
It's simple, PAY ATTENTION TO WHAT YOU'RE DOING!! Doesn't matter if your at a stop sign, yield sign, going straight, around a curve, going forward or backwards.........PAY ATTENTION!!! If you have to look ten times before making a move, then do just that!!
NEVER assume anything. Never assume everyone will stop when a traffic light changes to red. Never assume everyone will completely stop at a stop sign. Never assume just because someone has a turn signal on, that they are actually going to turn.
I wish everyone would do this; when driving through or around a parking lot, if I see someone backing out of a spot, I ALWAYS stop and let them pull out. Not a big deal. I really wish others would do the same for me. When I can, I like to back into a parking spot. This way it's easier to pull out and I don't have every SOB trying to drive around me, when I'm halfway out of the spot.
Yes, both driver could be found at fault. Insurance companies put a percentage on fault. Say driver 1 is 90% at fault and driver 2 10%.
Even though it may be on private property, it's still considered a traffic accident. It's not handled any differently.
You say you witnessed the accident. DID driver 2 stop to let driver 1 out of the spot? IF so, did driver 2 give the other vehicle enough room to safely get out of the spot? Or was he up his arse?
Last edited by Mike409; 07-22-2010 at 12:37 AM..
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. When I can, I like to back into a parking spot. This way it's easier to pull out and I don't have every SOB trying to drive around me, when I'm halfway out of the spot
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