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who has the right of way, a car backing out of a parking spot in a parking lot or a pedestrian?

In a parking lot

7 Answers

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  • Dimo J
    Lv 7
    9 years ago
    Favorite Answer

    No one. In a parking lot you are off the streets and the Vehicle Code does not rule.... the either Civil Code or Penal Code, depending on who hits whom.

  • John
    Lv 7
    9 years ago

    A parking lot is the sort of low-speed environment where courtesy and common sense should dominate, rather than consulting some rule book. Drivers backing up should watch for pedestrians and other cars before shifting into reverse. Both pedestrians and drivers in the aisles should watch out for back-up lights and stop to allow the vehicle to exit the space.

  • 9 years ago

    A pedestrian, always. Especially when backing, especially when pulling out of a parking spot. If at can be proven that the pedestrian was intoxicated, reckless, deliberately acting in a non-rational and unreasonable way, then perhaps any civil liability might be affected, but almost always the driver of the car has the duty to avoid pedestrians.

  • 9 years ago

    The pedestrian.

    Cars backing never, ever have the right of way, anywhere, under any circumstances.

    Pedestrians usually have the right of way, with very few exceptions. When they don't, it is always a car going forward that does.

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  • 9 years ago

    Unfortunately the pedestrian always will have the right of way.

  • ?
    Lv 6
    9 years ago

    No one has right of way but it is the drivers responsibility as he is in control of a machine that

    could maim or kill a human being it don't take much working out. Even if they do do stupid things

  • Anonymous
    9 years ago

    Both should be aware of their surroundings and try to avoid danger but the car driver cannot move until it's safe to do so. safe not only for the driver but all others in the vicinity of the vehicle.

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