When a car backs out of a driveway and hits a rock in the yard across the street, who is at fault for damage to the car?

Car was backing out of a driveway on the east side of the street and backs into a
rock in the yard on the west side of street. Who is at fault for damage done to
the car and rock?

Asked on May 4, 2016 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The rock owner *definitely* is NOT liable: he or she did nothing wrong by having a rock on his/her property, where he or she may have fences, rocks, trees, etc.
The car driver would very likely be liable, since he or she was most likely ngeligent, or unreasonably careless, in hitting the rock: it is almost by definition careless to hit a stationary object (the rock) and also to drive from the road even partially into or onto another's yard.


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