Q: Liability for car damage in shared driveway during snowstorm
I share a common driveway with six neighbors, and the section of the driveway where the accident occurred is owned by Neighbor A. During a snowstorm, Neighbor A's daughter was obstructing the uphill section of the driveway as she struggled to drive up. She made several unsuccessful attempts and backed down past a turn-off where she could have let me pass. Concerned she might hit my car on icy patches, I backed up but ended up sliding sideways into a ditch, damaging my car. I understand there's an obligation to yield if unable to move forward, particularly when going downhill, and I tried to avoid a collision. Neighbor A is not disputing the facts, only the conclusion about liability. Who is liable for the damages to my car?
A: A Massachusetts attorney could advise best, but your question remains open for a month. This is a difficult setting. You could raise the argument that had she let you pass, the accident would not have occurred, and that you had reason to be anxious about being struck by her. She could raise the argument that the loss of control you suffered was a result of your actions. Most state vehicle and traffic laws don't specifically address such settings in detail - a local attorney might be able to offer additional insights on state-specific rules. Good luck
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