Legal Question in Traffic Law in South Carolina

If both are at fault who pays?

If a car is parked on the side of the road,not in the owners driveway(paralle to the curb but also sticking out into the road),in a residential area and another car backs up and hits the car that is parked, who is to pay for damages? There was a officer at the scene but no one was ticketed, only a change of information and description of what happened.

Asked on 7/15/00, 11:27 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston
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Re: If both are at fault who pays?

I can't tell from you question whether or not the car that was hit, was illegally parked or not. Without knowing that, and without knowing what the scence looked like, I would say that the person who backed up should be the person that is liable. After all, they are the one that really caused the accident. Had they exercised more care, then the accident would not have happened.

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9/08/00, 7:54 pm

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