QUESTION

Who is at fault if someone backs into my car while I was parked in front of my house in the red zone?

Asked on Nov 18th, 2012 on Automobile Accidents - Texas
More details to this question:
I was parked in front of my mother's garage to drop off my son. The area in front of my mother's garage is a red zone. I was only there about 10 minutes. The doorbell rang and the neighbor said that his wife had backed into my car. Aren't they at fault because they hit me while I was parked and they had an opportunity to stop before hitting me?
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5 ANSWERS

Ronald A. Steinberg
Yes, they are at fault.
Answered on Apr 30th, 2013 at 12:32 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Yes, unless you were parked in a place were you are not supposed to be, and that caused the accident. For example, if you are parked in the middle of a highway at night, and a car hits you, it might be your fault because you are in the middle of the road and drivers would not expect to be on the lookout for parked cars, and would likely not see your car in time to stop because of darkness. I cannot tell from your description (I do not know what a red zone is) whether your parked car was in a position that it could cause people to hit it without first seeing it.
Answered on Nov 22nd, 2012 at 4:21 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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What is a "red zone" is that posted "no parking" normally when someone strikes your car they are at fault. If your illegal parking contributed to the matter the insurance company may refuse to pay you have to be lilly white in law to collect anything in NC.
Answered on Nov 20th, 2012 at 12:58 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Yes. Your being parked in a prohibited zone does not grant a license to the neighbor to not watch where he or she is driving. My opinion is that their insurance carrier should pay.
Answered on Nov 20th, 2012 at 12:57 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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You are both at fault because you are parked illegally, but you are correct he/she would have the ability to see your vehicle and failed to see it and act accordingly, however, the argument is absent your parking where you are not supposed to the accident does not occur. However, assuming you were not in the vehicle the only issue is property damage and your insurance carrier will cover the repairs.
Answered on Nov 20th, 2012 at 12:57 PM

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