, Derry, New Hampshire


November 8, 2012

Moving car hits parked car; driver is to blame

One night it was extremely dark and I backed into a car. It was in a tow zone and there aren’t supposed to be any vehicles parked there.

I go to this place all the time so I did not expect there to be a vehicle there. Am I at fault if I hit a parked car that was in a tow zone?

Here’s your problem: You were moving and the parked car was not. The car you struck may have been illegally parked, in violation of ordinances, statutes and all the rest.

But, the negligence formula requires a look at conduct. You were in control of the vehicle that was moving. The other car was stopped like a rock.

Look at it like this: Although the other car’s driver left the vehicle in a bad place, you had the last clear chance to stop a collision. There is, in fact, a legal doctrine known as last clear chance which will not be your friend in that the parked car, although in the wrong place at the wrong time, did nothing in the moment before the crash to cause the damage.

Hopefully, you have insurance which can adjust the loss and everyone can back out of the situation and move on with their lives.

I am setting up a franchise business and at this point have put a lot of money into this.

I know a franchise means that I need to sell their product their way. But I think they are micromanaging too many details of setting up the building the security, the communications, the banking and other details beyond what I think they need to tell me.

I know this business and I think I can do well. but can I get around the micromanagement?

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