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Who is at fault?

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Who is at fault?

June 24, 2013
By Lafferty Gallagher Scott

Well, that is an interesting question. First, it really depends on where you were parked. If it was on private property (such as a Walmart, grocery store, Target, etc.), then this is considered private property and not subject to Ohio’s traffic laws. In that case, then the law would look to see whether the parties acted reasonable under the circumstances.
In your case, you clearly did not act as a reasonably prudent person would, as a reasonably prudent person would not have parked their car on or over the line. But in the same instance, it is not reasonable for another vehicle to strike a parked vehicle. So, you were both unreasonable, and both share some of the blame for the damages to your vehicle. As to who shares what percentage of blame, that is a question for a judge or jury, as it is up to them to ascertain percentage of fault. In my opinion, the other driver was more at fault, as your car was there to be seen even though it was over the line. But, you still share a small percentage of fault, because had you parked your car property within the space, your vehicle more likely would not have been hit by the other vehicle. If I were the judge/jury, I would probably assess 10% fault to you and 90% fault to the other driver, but that is only my personal opinion.

Best of luck.

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