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ok, let's suppose car "a" is getting gas at the gas station. the door is open as the passenger is getting out to get gas. now car "b" is on the road then veers into the parking lot and is not paying attention to the cars in front of her at the gas station, rather she is looking at the prices of gas on the signs. she then clips the door of car "a".
I would go with car B but it depends... if car A left the door open when it was parked far enough away from the pump so that the door really was sticking into the roadway an inordinate amount... then I'd have to say they share responsibility. B shoud have been paying more attention but A really shouldn't have been in the way in the first place.
I would go with car B but it depends... if car A left the door open when it was parked far enough away from the pump so that the door really was sticking into the roadway an inordinate amount... then I'd have to say they share responsibility. B shoud have been paying more attention but A really shouldn't have been in the way in the first place.
car a was legally parked, getting gas. driver b drove into the gas station, not paying attention. it wasnt on a roadway, it was in a parking lot.
same situation if car a was in a parking spot and car b wanted to get the spot next to car a and clipped the door. it would be car b's fault, correct? he should have been looking before pulling in.
car a was legally parked, getting gas. driver b drove into the gas station, not paying attention. it wasnt on a roadway, it was in a parking lot.
I know, that's not what I'm trying to say. What I'm saying is if car A was parked way over, so much so that car A's door was open into the driving area way more than anyone would expect, then I'd say they should share some responsibility. Especially if car A was parked right in the area where someone first drives into the gas station. It's like parking your car close to the curb on a tight turning corner, something like that. Yes, if someone hits you they shouldn't have, but you have to show a little common sense yourself sometimes.
Anyway, what I'm describing is a pretty unusual scenario. Like I said, B's at fault either way, its just a matter of if A should share any of it.
I know, that's not what I'm trying to say. What I'm saying is if car A was parked way over, so much so that car A's door was open into the driving area way more than anyone would expect, then I'd say they should share some responsibility. Especially if car A was parked right in the area where someone first drives into the gas station. It's like parking your car close to the curb on a tight turning corner, something like that. Yes, if someone hits you they shouldn't have, but you have to show a little common sense yourself sometimes.
Anyway, what I'm describing is a pretty unusual scenario. Like I said, B's at fault either way, its just a matter of if A should share any of it.
"...the door is open as the passenger is getting out to get gas.". The person operating B could have hit the passenger as s/he was exiting the car -- she's luckynshe didn't. The 2nd driver was not paying attention to her surroundings because she was reading the gas prices.
"...the door is open as the passenger is getting out to get gas.". The person operating B could have hit the passenger as s/he was exiting the car -- she's luckynshe didn't. The 2nd driver was not paying attention to her surroundings because she was reading the gas prices.
Since Driver A's door was open, a percentage of fault will be assigned to him or her for creating an unsafe condition.
Anectodally, my significant other backed out of a parking spot and hit another car. She was completely at fault and there was no "coverup" in the accident report. However, my insurance company was able to recover one half of my deductible because the other motorist, who was doing nothing wrong other than driving through the parking lot, did not successfully take evasive action.
Since Driver A's door was open, a percentage of fault will be assigned to him or her for creating an unsafe condition.
Anectodally, my significant other backed out of a parking spot and hit another car. She was completely at fault and there was no "coverup" in the accident report. However, my insurance company was able to recover one half of my deductible because the other motorist, who was doing nothing wrong other than driving through the parking lot, did not successfully take evasive action.
Then hou have a good insurance company. If your significant other did that to me, and i didnt get paid entirely to fix mycar, i would sue you for emotional injury...until my dent was fixed in full
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