Q: A utility door on a parked truck was left open. When getting in my driveway I hit it, who's at fault?
No one was in the truck. It was parked on opposite side of small road but made difficult to get in my driveway. Only damaged my vehicle. Driver lied and said he wasn't driving and had someone else come to driveway. Driver also said they had flashers on and they didn't until after. I have everything on camera. No one was in the truck at the time but the real driver must not of had a license because they lied about being the driver. Cop came and didn't seem to care to deal with any of it. I did hit it but door was left open in the way of driving. Just trying to see if it's all my fault, all theirs, or split blame? Again they had no damage at all.
A: You would be 100% at fault IF you were able to see the object that you struck, before you struck it, and if you could have stopped in time had you been driving at a reasonable speed. If you could not see it due to some obstruction of view not caused by you, then you should not be deemed at fault. Lack of fault on your part, though, does not necessarily mean the operator of the other vehicle was negligent, so as to support a claim by you against the owner and/or operator of the vehicle. The circumstances, including your video, must be evaluated. Regarding the driver lying about who was driving, that would not be relevant to the issue of fault, but if you were not at fault and will make a claim, it may be relevant regarding whom to make a claim against, as you could claim against both the vehicle owner and the driver. Their liability insurance might cover the accident (to your benefit) with one guy as driver, but not the other.
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