QUESTION

Who is at fault?

Asked on Jun 13th, 2013 on Automobile Accidents - Ohio
More details to this question:
Ok so I am parked in a public Parking lot and im parked there for 6 hours. My front bumper is less than an inch on top of the line dividing spaces. Another vehicle pulls in the spot right in front of me and she is 3-4 inches above the same line. Well she hits my front bumper with her front bumper Were both technically on the line but she is further in and she arrives at a later time and she hits my bumper. She claims she had no clue she hit me (dodge magnum sw hit my escort zx2) this monter car hits my matchboz toy and damages my bumper. BUT were both on the line. So my question is is who be at fault? Me for barely touching the line or her for being well over the line and hitting my vehicle? I am very curions to hear some responses I feel like the law did me wrong. can you give some input?
Report Abuse

1 ANSWER

Auto Accident Attorney serving Maumee, OH
2 Awards
Well, that is an interesting question.  First, it really depends on where you were parked.  If it was on private property (such as a Walmart, grocery store, Target, etc.), then this is considered private property and not subject to Ohio's traffic laws.  In that case, then the law would look to see whether the parties acted reasonable under the circumstances. In your case, you clearly did not act as a reasonably prudent person would, as a reasonably prudent person would not have parked their car on or over the line.  But in the same instance, it is not reasonable for another vehicle to strike a parked vehicle.  So, you were both unreasonable, and both share some of the blame for the damages to your vehicle.  As to who shares what percentage of blame, that is a question for a judge or jury, as it is up to them to ascertain percentage of fault.  In my opinion, the other driver was more at fault, as your car was there to be seen even though it was over the line.  But, you still share a small percentage of fault, because had you parked your car property within the space, your vehicle more likely would not have been hit by the other vehicle.  If I were the judge/jury, I would probably assess 10% fault to you and 90% fault to the other driver, but that is only my personal opinion. Best of luck.
Answered on Jun 24th, 2013 at 3:45 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters