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Backing Out Of Parking Spot Rules And Right Of Way

Been involved in a traffic accident? Discuss traffic laws here

Backing Out Of Parking Spot Rules And Right Of Way

Postby Braemwiella » Wed Dec 03, 2014 10:29 am

someone backed out of a parking spot and bumped into our car's quarter pannel.  We were dropping someone off and were in the active drive lane.  Stopped.  Who generally has the right of way in cases like this. The person had NOT started to exit from the parking spot when we we stopped behind them.

Thanks in advance.
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Joined: Wed Jan 22, 2014 3:28 am

Backing Out Of Parking Spot Rules And Right Of Way

Postby Blayne » Wed Dec 03, 2014 5:48 pm

From your description, the other driver apparently did not yield the right of way.

Page 25 of your WI Drivers manual states  "The law says who must yield the right-of-way. It does not give anyone the right-of-way. You should do everything you can to keep from hitting a pedestrian or another vehicle."

The next paragraph states  "You must yield to vehicles already on the main road if you are entering a road from a driveway, alley or roadside."  The drivers manual does not specifically address a parking lot, however this is the closest example in the book I could find.

It appears that the other driver may have at best only checked his side-view mirror and did NOT turn his head to look out the back window.  The latter being extremely important when backing up.

20-20 hindsight may suggest to "read the road ahead".  Specifically, did you notice the individual getting into his car, or notice brake lights on -with the expectation that he might back out.  I tell students in my class, it's not a matter of who is at fault - rather lets prevent a collision.

I trust that this info is helpful.  
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Joined: Sat Mar 15, 2014 4:52 pm

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