If backing out of a parking space and a driver suddenly tries to drive past, whose fault is it for the accident?

UPDATED: Sep 30, 2022

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If backing out of a parking space and a driver suddenly tries to drive past, whose fault is it for the accident?

It was slightly raining and I was backing my car out of my parking spot. I had looked back to see if it was safe to go, my lights were on and I was already a third out. Then a car driven by a teenager tried to rush past.

Asked on August 20, 2016 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, if your lights were on (so you were visible, despite rain), you had already begun moving (so the oncoming driver could see you were exiting the space), and the teenager was going faster than appropriate ("rush[ing] past") to get around you, the teenager appears to have been the negligent, or unreasonably careless, party, and so to have been at fault.

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