In Texas, who is at fault in a parking lot accident, the one backing up or the uncoming traffic? If you have a source please provide. Thanks:)
by 
Island Breeze
ANSWERS: 3
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Depends on the circumstance. Usually its considered the 'fault' of the one backing up, however if the oncoming driver was driving too fast, whipped around a corner or made it otherwise difficult for the driver backing up to see them prior to the collision then it is their fault. If you have witnesses then it is them who 'decide your fate' as it were. Parking lots have cameras rolling in many instances, security cams are called upon often now days to determine who is at fault.
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On a Private Property Chrash the Police wont say who is at fault but usually rule of thumb is one backing up is at fault unless you have proof the oncommer was just racing down the row as fast they can and even then your pushing it .
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How can I prove that the driver backing out hit me aside from the pictures of my vehicle and my account of the accident (I am the oncomer). There was no police report, its a "he said, she said case", their passenger is their witness, and there is no damage to their vehicle. I can't afford the deductible and I feel my only recourse is small claims, should I pursue?
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