Opinions on a car accident I was in?

I'd appreciate some opinions on the latest accident I was in. I was at a red light when a truck backing out of a driveway on my right side hit me. I was beeping, and he said he heard me, but he kept going. Now he is claiming that I was in the crosswalk, and that's why he hit me. However, I believe that I was between the lines, in the space between the crosswalk and my lane. Am I responsible for the full damage? I've attached a picture of the intersection. I was in the lane farther away from the driveway, not where the silver car is. The driveway is on the right, and I think I was between the crosswalk and my lane, but I know for sure I was not in the crosswalk, or I would have hit someone!Opinions on a car accident I was in?-imageuploadedbycurltalk1427390907.806856.jpg
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I'm not an expert but if someone is backing up and hits someone/something, seems to me like it's their fault! Doesn't sound like he even looked before he backed out!


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I believe that anyone in the road has the right of way and anyone in a driveway has to yield so he would be in the wrong.
I'm not an expert but if someone is backing up and hits someone/something, seems to me like it's their fault! Doesn't sound like he even looked before he backed out!
Originally Posted by mustangbunny
Definitely didn't! I was at the light already when he started backing up 😠
Medium texture, normal porosity, normal elasticity
He's trying to say I was in the crosswalk but if I was he would have hit me at a 90 degree angle, and probably hit my side view mirror. But he hit me above my front right tire, and I remember him backing up while turning, probably to get into my lane and then drive off >:/
Medium texture, normal porosity, normal elasticity
If your over the white line at all it's considered running a stop light or stop sign and you are at fault.


(My husband used to be a cop)

Last edited by Ashleynicol; 03-26-2015 at 08:56 PM.
Thanks everyone. I've decided to let my insurance company go after the city for the money. I'm too stressed out with school as it is :/
Medium texture, normal porosity, normal elasticity
Oops i was wrong my husband just corrected me and said that the other person is at fault for improper backing! I just double checked. He said that's florida law though and it also depends on the state you live in.
Oops i was wrong my husband just corrected me and said that the other person is at fault for improper backing! I just double checked. He said that's florida law though and it also depends on the state you live in.
Originally Posted by Ashleynicol
Woohoo! Thanks for the update. I gave my insurance all the details and they're gonna call me tomorrow to tell me if they think I'm at fault at all. Fingers crossed!
Medium texture, normal porosity, normal elasticity
Oops i was wrong my husband just corrected me and said that the other person is at fault for improper backing! I just double checked. He said that's florida law though and it also depends on the state you live in.
Originally Posted by Ashleynicol
I tried looking it up. All I found was this....S 1211. Limitations on backing. (a) The driver of a vehicle shall not
back the same unless such movement can be made with safety and without
interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder
or roadway of any controlled-access highway.
(c) the driver of a motor vehicle engaged in retail sales of frozen
desserts as that term is defined in subdivision thirty-seven of section
three hundred seventy-five of this chapter directly to pedestrians shall
not back the same to make or attempt to make a sale.
Medium texture, normal porosity, normal elasticity
^^ Article 33 - NY Vehicle and Traffic Law
Medium texture, normal porosity, normal elasticity
Now that I am looking at it on Google maps, the driveway actually lines up with the crosswalk. So if anything, he should've been extra careful because he could have hit a pedestrian
Medium texture, normal porosity, normal elasticity

Last edited by sKorpio1190; Today at 08:58 AM.

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