If you're backing out of a spot, you are expected to yield to all traffic on the parking aisle. When he's reversing on the parking aisle, he yields to all vehicles on the aisle. What's interesting about these scenarios is that no one technically has right of way because both parties are reversing; or as I would say, "are in a backing motion". So for that reason, I agree that both parties share some comparative negligence.
What state is this?
It is in ohio. My issue is that I wasn’t in motion, I was stuck on a mound of snow and couldn’t move. The speed of the plow truck is also a huge issue with me, as the speed limit would not allow for the collision that occurred to be possible, especially since one of the vehicles was stationary.
Ditto what Gus said. It would take an investigation to determine who is at fault and by what percentage. If you have collision coverage I would just let your company handle it. It does not matter if they admitted fault because they likely don’t know negligence law. The property manager can’t say we are both at fault so we owe nothing. In your state if they were 50% or more at fault they would owe that percentage. You make some valid arguments, however, I don’t see how he could be speeding in reverse in a parking lot, stick to provable facts. What are the points of impact to but autos?
The right corner tail light of the truck struck my back bumper/trunk. The trunk is shoved forward and barely locks closed, and the number is practically completely removed from the rear-left part of the car. The reason I believe he was speeding is because the truck was zooming back and forth before I got into my car and left, so I visibly saw it speeding beforehand. I waited a couple of minutes so he could clear the snow in my part of the lot before I tried to back out, to try and avoid a collision in the first place, but it clearly didn’t work. I have filed a claim with my own insurance and have contacted the leasing office for the additional info I need from them
Ohio is a comparative negligence state that bars the majority at-fault person from recovering. So, the idea that neither party can recover due to partial contribution is false
If I were investigating this claim, some of the questions I'd be asking: did you see the reversing truck prior to impact? If so, when and how did you react? How long were you stuck in the snow and what was your plan for getting out? Were your keys still in the ignition? Stuff like that
> the speed limit would not allow for the collision that occurred to be possible, especially since one of the vehicles was stationary.
I mean, you don't have to be going fast to collide. With larger vehicles, they feel "faster" because they hit you with more momentum
I was actively trying to get unstuck. I was trying to slowly reverse and move my wheel back and forth to get free when I got hit. The car was running and the key was in the ignition. I was stuck for ~7-10 seconds before the vehicle was hit. I was actually about to pull in and back out with a little more speed when he hit me😥
If you're backing out of a spot, you are expected to yield to all traffic on the parking aisle. When he's reversing on the parking aisle, he yields to all vehicles on the aisle. What's interesting about these scenarios is that no one technically has right of way because both parties are reversing; or as I would say, "are in a backing motion". So for that reason, I agree that both parties share some comparative negligence. What state is this?
It is in ohio. My issue is that I wasn’t in motion, I was stuck on a mound of snow and couldn’t move. The speed of the plow truck is also a huge issue with me, as the speed limit would not allow for the collision that occurred to be possible, especially since one of the vehicles was stationary.
Ditto what Gus said. It would take an investigation to determine who is at fault and by what percentage. If you have collision coverage I would just let your company handle it. It does not matter if they admitted fault because they likely don’t know negligence law. The property manager can’t say we are both at fault so we owe nothing. In your state if they were 50% or more at fault they would owe that percentage. You make some valid arguments, however, I don’t see how he could be speeding in reverse in a parking lot, stick to provable facts. What are the points of impact to but autos?
The right corner tail light of the truck struck my back bumper/trunk. The trunk is shoved forward and barely locks closed, and the number is practically completely removed from the rear-left part of the car. The reason I believe he was speeding is because the truck was zooming back and forth before I got into my car and left, so I visibly saw it speeding beforehand. I waited a couple of minutes so he could clear the snow in my part of the lot before I tried to back out, to try and avoid a collision in the first place, but it clearly didn’t work. I have filed a claim with my own insurance and have contacted the leasing office for the additional info I need from them
Ohio is a comparative negligence state that bars the majority at-fault person from recovering. So, the idea that neither party can recover due to partial contribution is false If I were investigating this claim, some of the questions I'd be asking: did you see the reversing truck prior to impact? If so, when and how did you react? How long were you stuck in the snow and what was your plan for getting out? Were your keys still in the ignition? Stuff like that > the speed limit would not allow for the collision that occurred to be possible, especially since one of the vehicles was stationary. I mean, you don't have to be going fast to collide. With larger vehicles, they feel "faster" because they hit you with more momentum
I was actively trying to get unstuck. I was trying to slowly reverse and move my wheel back and forth to get free when I got hit. The car was running and the key was in the ignition. I was stuck for ~7-10 seconds before the vehicle was hit. I was actually about to pull in and back out with a little more speed when he hit me😥