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Ray, Lawyer
Category: Traffic Law
Satisfied Customers: 36399
Experience:  30 years in civil, probate, real estate, elder law
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Good Morning.. California, no, I am trying to fight an

Customer Question

Good Morning..
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I am trying to fight an accident. No police report was filed.. I was backing up in a 2 way parking lot, and another car was backing up. I checked all areas and I was safe to go.
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Then my sef and another car who was backing up from her parkin stop collied
Submitted: 2 months ago.
Category: Traffic Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 2 months ago.

All you can do here is report this to your insurance.Give them a statement here of what your version of events were.It is very tough to prevail with no police report and private property.If you have witnesses that help your story by all means provide those to the insurance.This might be a case where both parties have some fault.Since both were backing up this might be the case.

Again try to be proactive give statement to your insurance, any witnesses, pics, etc you have to support that you were not the negligent party here.That may be the best you can do to try and influence fault in the accident.If you have their insurance file on theirs with same statement, pics, witnesses, etc.Again it might allow you to prevail here.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 2 months ago.

Reference to California law that applies to such accidents.

Motor vehicle operators can be held legally liable for personal injury or property damage caused by their own negligence or wrongdoing. All drivers in CA are required to use reasonable measures to safely operate their automobile, truck, or SUV in order to avoid causing undue risk of harm to others. Failing to look in rear view or side view mirrors prior to backing out, going too fast, disobeying signs, pavement markings or other indicators such as lights can all be deemed a breach of the legal duty to safely operate a motor vehicle. If this causes personal injury or other harm, civil liability for damages may lie. Some provisions of the vehicle code that may be applicable include the “basic speed law” found in CVC 22350 and the following:

  • California Vehicle Code 21804(a): requires any vehicle that is about to enter or cross a “highway” from any “public or private property, or … alley” to yield the right of way to all traffic on the highway which is close enough to be an “immediate hazard.”
  • California Vehicle Code 22352: Sets the prima facie speed limit at 15 m.p.h. in any alleyway.
  • California Vehicle Code 23103(b): Defines “reckless driving” as including the driving of a vehicle “in an offstreet parking facility” in a manner which shows a “willful, wanton, or reckless disregard for the rights and safety of others … .”
Expert:  Ray replied 2 months ago.

In your statement tell them you looked and that other driver was guilty of reckless driving..IE he driving of a vehicle “in an offstreet parking facility” in a manner which shows a “willful, wanton, or reckless disregard for the rights and safety of others.