If I back out of a parking spot and hit a car that is illegally parked in a fire zone, is it my fault or theirs?

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If I back out of a parking spot and hit a car that is illegally parked in a fire zone, is it my fault or theirs?

Asked on May 6, 2009 under Accident Law, Oklahoma

Answers:

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You, as the driver, have an obligation to "see all that there is to be seen."  While the car that was parked illegally, may get ticketed for the illegal parking job.  You're job as the driver of an automobile that is moving is to "see all that there is to be seen."  If their illegal parking didn't cause your accident (which i find hard to imagine), then you are the one who is responsible for the accident.  However, if somehow you can attribute the cause of the accident to their illegal parking then they will probably be found to be partially responsible.  But that will not vindicate you.  Remember, as a driver, you have the obligation to be aware of everything that is going on around you.


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