Any car accident lawyer would appreciate the uncertainties that become associated with a collision that takes place in a parking lot. Yet a car accident attorney that practices in Fredericton would have some insights that should prove especially helpful to the drivers.
What the Ontario Traffic Act says about such accidents
Parking lot accidents are not covered by that Act. Instead, the lot owners have the right to make up their own rules, regarding the actions that are allowed and prohibited. By the same token, at the time of a collision, any one of those owners should feel free to let the police decide who should be held responsible.
A police officer could determine whether or not any Provincial or Federal laws were broken. Obviously, a driver that had broken such a law would find it hard to obtain support for an accusation against the other party. Of course, police also know the basic rules, concerning parking lot collisions.
Here are some details on those basic rules:
If a moving vehicle hits a parked car, the driver of the moving vehicle bears responsibility for the collision. If a moving car hits the open door of a parked automobile, the parked automobile is deemed to be “at-fault.” The same rule would apply if a driver were leaving an automobile that had been parked on the side of the street.
If 2 drivers back into each other at the same time, both drivers could be considered “at-fault.” Naturally, it is the drivers’ responsibility to share their contact information, along with proof of having car insurance. Each driver should also write down details, regarding what he or she was doing at the time of the collision.
Personal Injury Lawyer in Fredericton knows that if a driver’s actions caused his or her vehicle to hit a pedestrian, that same driver could get charged with reckless driving. A police officer could make that charge, by sighting the relevant code.
Are those rules fair?
Yes, as long as the two parties have equal influence with the authorities that must decide who should be held responsible. Of course, if a more experienced driver backs into a vehicle driven by a teenager, the tale told by the older adult will probably carry more weight than the one told by the teenager.
The unfortunate teen would get criticized by his or her parents, who would have to pay a higher insurance premium. The unfairness of the criticism would evaporate, if one of the parents committed a similar act, while in a parking lot. The criticism would become quite muted, if the name of the other party was almost the same in both situations. Although that seems close to impossible, it relates what did happen at least once.