rear end vehicle impact questions

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rear end vehicle impact questions

I had missed a driveway entrance to a parking garage, looking back I started to back up, so I could pull in and at this time car pulled out of the driveway entrance. Note, there is an exit and entrance to this garage. At that time we collided, I don’t know how she didn’t see me but that’s what happened. This occurred in CA but I am NY resident and I am insured in NY. I don’t believe that I am fully at fault. Is there a specific law that clarifies this situation?

Asked on August 18, 2017 under Accident Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

California has comparative negligence where both parties are liable and are assigned a percentage of liability.  For example, if you are deemed to be 20% liable and the other driver is deemed to be 80% liable, then you could recover 80% of your damages from her and she could recover 20% of her damages from you.


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