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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.