Q: Am I at fault if a pedestrian runs into my car in a parking lot?
I was leaving a parking lot when a person ran out of a store without looking and collided with the side of my car, knocking off the mirror. Initially, she said she wasn't hurt, refused medical attention, and admitted it was her fault. However, she later went to the hospital and filed a report. Law enforcement has contacted me, but I have witnesses and camera evidence showing the incident was her fault. Am I at fault in this situation?
A: A Tennessee attorney could advise best, but your question remains open for a week. No, you would not be at fault in virtually any jurisdiction nationwide under the set of facts you describe. Save that camera evidence and witness statement. If she later changes her story, those things would be relevant in defending a bodily injury claim against you. I hope all involved are okay. Good luck
A: Addendum - Just an additional point, in reading the facts more closely. You mention the other party ran out of a store. If that means you were in front of the store and close to any kind of crosswalk, resulting in your duty to yield to pedestrians, they could use that to try to establish fault on your part. It doesn't sound like something to lose sleep over, but a local attorney could probably advise more meaningfully with the benefit of seeing that report you mention. Another point to consider is whether your insurance carrier was notified - if the person makes a future claim, and your carrier was not aware and given the opportunity to investigate, they could raise that issue in terms of their obligation to defend the claim. Good luck
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
