If you hit a car that was parked illegally, you might be wondering if you can file a claim to recoup compensation for the damages that you suffered in the accident. After all, you wouldn’t have hit the car if it had not been illegally parked.
In this kind of accident, both drivers were negligent. When a driver is negligent, he or she acts in a way that fails the duty he or she owes to others. This could be by doing or not doing what should be done. In this case, one driver has violated that duty by illegally parking his or her car. You had the duty to avoid the collision and to watch where you were going.
Hitting a parked car can be stressful, but if the car was parked illegally, you may feel as though you weren’t completely to blame. You should always report an accident, so call the police and stay on the scene until an officer arrives so an accident report can be filed.
You will need to take photos of the accident scene. This way, it will show that the car was illegally parked and how that contributed to your accident.
Filing a personal injury claim can be a complicated process, so you need to make sure you adhere to the proper guidelines and get all your documentation in order.
The more supporting evidence and documentation you have, the more likely you are to succeed with your claim after you hit an illegally parked car. Gather as much evidence as possible to ensure your claim is on track and that you can show that the car you struck wasn’t adhering to traffic regulations.
Documentation and supporting evidence are essential to the success of any personal injury claim. In the situation where you hit an illegally parked car, you are both to blame for the damages that resulted from the crash.
You will want to make sure that not all the damages end up being your responsibility and that the other driver is held responsible for their role in the crash. Make sure you do everything that you can to gather evidence and supporting documentation for your case.
What To Do If You Hit An Illegally Parked Car
When you take photos, be sure that you are detailed. You will want to take photos of the damages, photos of the cars from all angles, and photos of the entire accident scene. You will need to get plenty of photos so you can confirm your story.
The more photos you have, the more likely you are to be able to succeed with your personal injury claim for the damages that your vehicle suffered.
Check to see if there are any witnesses. Ask any witnesses to provide written statements regarding what they saw and confirming that the parking of the other vehicle wasn’t legal. Get the name and contact details for every witness as well.
Check to see if there are video cameras in the vicinity, such as surveillance cameras or traffic cameras. Your personal injury attorney can ask to review the video to see if your accident was caught on tape. The camera may also show the other driver parking illegally and how long the car was parked there before you hit it.
If you want to pursue a claim against the driver who illegally parked, you will need to gather as much supporting documentation as possible to prove your accident was because the other vehicle wasn’t parked legally.
You will have to show that the other driver was negligent, and that is what contributed to the accident. There are four elements of negligence, and all four elements of negligence must be proven as part of the personal injury claim.
After negligence is proven, then you can succeed with your accident injury claim against the person who parked the car illegally.
Determining Fault For The Damages After Hitting an Illegally Parked Car
Comparative fault is an approach that lets the court assign fault among multiple parties who will share the liability for the damages suffered in the collision. The damages could be divided equally between the two drivers. Or, the amount that each party is liable for depends on each driver’s proportion of fault for the crash.
There are different laws in different states, and how personal injury damages are divided are overseen by laws. Some states don’t use comparative fault. Instead, they use contributory negligence. Contributory negligence considers the injured party’s role in causing the damage or injury that was suffered. If pure contributory negligence is used in your state, you can recover any damages even if you were only considered to be 1% to blame for the accident.
The Four Elements of Negligence As They Apply To the Illegally Parked Car
First, you must show that the other party owed you a duty or a responsibility. This is obvious. All drivers owe each other a duty or a responsibility to protect others from harm or injury. Part of this duty is adhering to traffic laws and regulations, which are enacted for the safety of others.
Next, you must show that the duty was breached. In this case it was when the driver parked illegally. That was a disregard for safety and it was a violation of traffic laws.
Next, you must show that the breach of duty caused the accident. You should prove that if the driver had parked the car legally it would not have been in your way and then you would not have hit it and caused the crash.
Then lastly, show that the damages sustained were a direct result of the crash caused by the vehicle being illegally parked. You will need to show this with witness statements, photographs of the accident scene, and written repair estimates.
The more documentation that you have, then the more likely you are to succeed with your claim. When all four elements of negligence have been proven and it is show that it applies to your claim, then you will be much more likely to recover compensation for your damages.
You will most likely be partially to blame because you were also negligent because you had the responsibility to avoid the collision and you did not. The accident still happened. The damages will most likely be divided between the two drivers.
Your personal injury lawyer will help you throughout the claims process, determining liability, proving negligence, and then determining the total of the damages that were suffered. Your auto insurance company will also go to bat for you because they don’t want to pay out any more in damages than they absolutely must after an accident claim.
Damages That Might Result From Hitting An Illegally Parked Car
You could suffer a variety of damages from a car that was parked illegally. First, you will have property damages. You should take photos of the accident scene and of the damages to the vehicles. You will need to make sure an accident report is filed. If you have suffered injuries, seek medical care right away.
You will need to keep copies of medical bills, medical records, and proof of expenses, such as prescriptions. Also, get statements from any eyewitnesses. Corroborating statements can have a significant impact on the outcome of your accident injury claim after you hit an illegally parked car. Documentation is the key to a successful claim in such situations.
Consult With a Personal Injury Lawyer
If you have hit an illegally parked vehicle and suffered damages, you should consult with a personal injury attorney. A personal injury lawyer from your area can determine if you could pursue a claim for damages.
With help of a lawyer, you are much more likely to get your claim on the right track and recover compensation for your losses. There is a strict statute of limitations, so time is of the essence. Schedule your free case evaluation today so you can make sure your rights are protected and that you are treated fairly.
Because personal injury attorneys work on a contingency basis, you will not have to pay anything up front. Your lawyer will not be paid until you are compensated for your losses. Complete the Free Case Evaluation Form on this page to have your details shared with an attorney in your area. A lawyer will efficiently and effectively get your personal injury claim filed, so you can get on the way to recouping compensation for your losses.