Legal Question in Traffic Law in Nebraska

If I was backing out of a parking spot in a private lot and had a clear view when I began to reverse and was rear ended by a speeding car in the aisle resulting in minimal damage to both cars who is at fault?


Asked on 2/05/11, 12:27 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

A court would need more information and supporting evidence to make a decision, and so would I. Without additional information, the presumption would be against the party backing up; they have a higher duty of care to make certain it is safe to back up. If you could provide credible witnesses that the other car was traveling at a high rate of speed, that might help. If the damage to both cars was minimal, that would tend to undermine your assertion that the other car was speeding.

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Answered on 2/10/11, 6:25 am


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