How should this play out?

[CrAz3D]

Ted parked car A facing the wrong direction on the street.

Ted and Jim just returned from some where.  Jim is about to exit the car but checks first to make sure that the street is clear.

A speeding and inattentive driver, Sam, comes down the road hitting car A and injuring Jim.





Who is responsible and why?

[iago]

Tough to say.

I think that one of the reasons it's illegal to park the wrong way is safety, so it might be considered both their faults.

Of course, when somebody is injured, who to blame should be the last thing on people's minds, they should be more concerned with how to make sure it doesn't happen again. But I guess I live in an ideal world.

[BigAznDaddy]

both. ted shouldn't have parked on the wrong side of the street and the sam if not under the influence was probably surprised by the car on the wrong side of the road. , but also sam was speeding down a residential area and potentially endangering children playing on the streets. and on residential streets or any other street people have right of way.

[SNiFFeR]

Pretty sure Sam is responsible because Sam must watch for pedestrians who always have the right of way.

[CrAz3D]

My position is similar to Sniffer.





If it weren't for Sam not paying attention, there would be NO injury at all (given that Jim made sure there were no cars coming).  Sam's fault 100%




Just for consideration and to support me, granted they aren't necessarily lawyers.

http://forum.freeadvice.com/showthread.php?t=269080
http://forum.freeadvice.com/showthread.php?referrerid=246160&t=354444

It talks about the same thing, though, hitting a parked car.

[iago]

But why's it actually matter whose fault it is? Why can't they share the blame since they both fucked up and caused somebody to get hurt?

[CrAz3D]

As a matter of who pays for the damages, it definitely matters.


Without the negligent driver driving poorly, the collision wouldn't happen, yeah?

[Hitmen]

As a matter of who pays for the damages, it definitely matters.


Without the negligent driver driving poorly, the collision wouldn't happen, yeah?

Without the guy parked illegally it wouldn't have happened either. What is your point?

[CrAz3D]

It might have.  Just flip the car around and put in place the same variables.  A driver clips the side of the car that is facing the right way and then that guy hits nailed ... no matter which way the car faces someone will be hurt because the moving vehicle's driver wasnt paying attention

[BigAznDaddy]

It might have.  Just flip the car around and put in place the same variables.  A driver clips the side of the car that is facing the right way and then that guy hits nailed ... no matter which way the car faces someone will be hurt because the moving vehicle's driver wasnt paying attention

it would matter. when parked on the wrong side of the road you open up a door it looks as if it is part of the car because it flows with the exterior . when you are on the right side of the road and you open up the door you see the interior of the car door so people tend to slow down

[CrAz3D]

An open door is an open door ... if you hit a parked car you weren't paying attention as a reasonable person should have been

[BigAznDaddy]

An open door is an open door ... if you hit a parked car you weren't paying attention as a reasonable person should have been

well all i am doing is offering my opinion on this matter and reasons why this happened so dont get mad at me... and instead of being one sided just listen to the other side of the argument.

[CrAz3D]

I'm not being upset, I'm disagreeing.

An open door is an open door and a driver not paying good attention might hit

[leet_muffin]

Tom Cruise: Because he's a Scientologist.

[CrAz3D]

Tom Cruise: Because he's a Scientologist.