Legal Question in Traffic Law in California

Two cars parked in driveway in residential area. Person parks his motorcycle behind the two cars at the end of the driveway. One driver gets in car, backs up, hits the motorcyle. Who's at fault? Was the motorcycle parked illegally?

Asked on 6/15/13, 1:47 pm

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1 Answer from Attorneys

John Laurie Gertz and Laurie

The car backing up should have looked where they were going. Even if the other car was parked illegally, its still a parked car. The driver of the car backing up should have been paying attention to what they were doing. If they could not have backed up safely than the should not have moved their car.

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Answered on 6/15/13, 5:40 pm

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