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My friend was parked in a designated space at school. Behind her was a landscaping truck along a red curb. When she backed up she hit the truck. Who is liable for this accident? Are both parties going to be liable? If she is liable I am wondering why because if the truck was not illegally parked the accident would not have happened.

In general when a person backs into another vehicle or object they are usually found to be the at-fault party. If your friend was able to get a police report and it shows that the landscapers were illegally parked it could help her case but it is likely her insurance company will determine who was at fault and if the coverage will or will not be extended to cover the truck's damage.

There are exceptions to this generality depending on what state you live in. Some states will allow both parties to be found at fault or partially at fault. There are states that have comparative negligence laws and others that have contributory negligence laws. Your friend's insurance company should know if either of these laws will apply to this situation.

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This car insurance question was asked on 12/13/2005
This auto insurance answer was last updated on 12/13/2005
Brad P requested this car insurance solution.
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