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Traffic/Accident question

Posted on 12/1/25 at 2:44 pm
Posted by Geaux-2-L-O-Miss
Between Your Ears
Member since Aug 2005
3823 posts
Posted on 12/1/25 at 2:44 pm
You are backing out of your driveway and other cars are parked along the side the road. You see approaching car and stop. Approaching car swipes the back of your bumper. Who's at fault and if a ticket is given to whom is it given and for what reason?

TIA
Posted by kingbob
Sorrento, LA
Member since Nov 2010
69355 posts
Posted on 12/1/25 at 2:45 pm to
The person backing out of their driveway is at fault. The driver in the roadway has the right of way.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
148473 posts
Posted on 12/1/25 at 2:47 pm to
quote:

You see approaching car and stop
never smart to pull out in front of a car with the right away and then just stop.

Guilty
Posted by theliontamer
Baton Rouge
Member since Nov 2015
1875 posts
Posted on 12/1/25 at 2:49 pm to
they gonna get gordon on ya
Posted by BabyTac
Austin, TX
Member since Jun 2008
15866 posts
Posted on 12/1/25 at 2:49 pm to
quote:

The person backing out of their driveway is at fault. The driver in the roadway has the right of way.
Posted by HeadSlash
TEAM LIVE BADASS - St. GEORGE
Member since Aug 2006
55005 posts
Posted on 12/1/25 at 2:52 pm to
Who's vehicle one in situation?
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
148473 posts
Posted on 12/1/25 at 2:57 pm to
quote:

Who's at fault and if a ticket is given to whom is it given and for what reason?
you even asking this question tells me you shouldn’t be qualified for a DL
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
7492 posts
Posted on 12/1/25 at 3:00 pm to
Really need a diagram and times.
Posted by IndianPower
Louisiana
Member since May 2021
1416 posts
Posted on 12/1/25 at 3:05 pm to
The person backing out of their driveway is at fault. The driver in the roadway has the right of way.

This.

You can also be cited for illegal entry into a roadway laned for traffic by backing into oncoming traffic though its rare to see unless you push certain officers buttons.

ETA: improper entry into a roadway

This post was edited on 12/1/25 at 3:09 pm
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80539 posts
Posted on 12/1/25 at 3:08 pm to
Prepare your anus
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
62586 posts
Posted on 12/1/25 at 3:08 pm to
But he came to a stop prior to the accident

The driver of the car on the roadway does have a responsibility to try to avoid the stopped vehicle that is slightly protruding into the roadway


An insurance company would argue partial responsibility falls on the driver of the car. That did nothing to avoid the stopped vehicle.

Posted by BigBinBR
Baton Rouge
Member since Mar 2023
9356 posts
Posted on 12/1/25 at 3:14 pm to
quote:

The person backing out of their driveway is at fault. The driver in the roadway has the right of way.


Not necessarily. There wasn’t enough info in the OP to determine fault. If the vehicle is backing out and completely stops and the vehicle in the roadway had plenty of time to stop they could be. Partially or even fully at fault.

Posted by deltadummy
Member since Mar 2025
1668 posts
Posted on 12/1/25 at 3:23 pm to
You never know with accidents. One would assume a driver that attemps a uturn from the right lane through the left lane (and car) on a four lane highway would be at fault 100 %.

One would assume.
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
14433 posts
Posted on 12/1/25 at 3:43 pm to
quote:

The person backing out of their driveway is at fault. The driver in the roadway has the right of way.


this. A driveway or parking lot exit is not an intersection, therefore the driver in the driveway has no right-of-way, and is at fault
Posted by tigahgurl
Baton Rouge
Member since Oct 2009
20 posts
Posted on 12/15/25 at 10:45 am to
"Most of the time the person backing out gets tagged for it, you have the duty to yield to traffic in the roadway. Even if you stop, if you pulled into their path and they clip your rear bumper, it usually turns into improper backing or failure to yield.

Only real wiggle room is if the road car was flying or doing something dumb around parked cars, but insurance and cops usually default to blaming the driveway car. When I had a similar mess, The Solomon Law Group in Columbia basically told me assume you’re at fault the second you start backing into the lane, and act like every car has the right of way."
This post was edited on 12/16/25 at 4:37 am
Posted by tokenBoiler
Lafayette, Indiana
Member since Aug 2012
4986 posts
Posted on 12/15/25 at 12:49 pm to
quote:

Who's at fault
An illegal immigrant.
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