For any driver, a car accident is a stressful and often serious incident that can result in physical and emotional trauma, as well as property damage and financial costs. The average driver may believe that if they strike a parked vehicle, however, they are ultimately responsible, even if the parked car presented an unavoidable obstruction. However, the driver may not always be liable in this type of case, even if they have hit a non-moving vehicle. The owner of an illegally parked vehicle may be partially or entirely responsible. The circumstances of the case are key, but a driver should never admit fault or assume guilt in the case of a motor vehicle accident.
Motor vehicle accidents injure at least 4.5 million people per year in the United States, according to the National Safety Council. Motor vehicle crashes are a leading cause of injury in the U.S. and can result in significant recovery, loss of wages, and other long-term effects for those involved.
Accidents can happen at any time, so it is important for drivers to be prepared whenever taking to the road. For drivers who experience any type of car accident, contact the police and first responders, document the accident, and talk to witnesses. For a driver who hits a parked car, one might assume that the fault is clear cut. Yet, any driver in this situation should carefully assess the scene. If the other car was illegally parked, the driver may not be fully liable.
Documenting the location of the parked vehicle is one of the first things the driver should do. If the parked car was obstructing traffic or parked in a no-parking zone, the drier may have recourse. Most municipalities have written parking regulations that can be verified and so the driver should document and photograph the location of the vehicle as soon as possible. Drivers who document more information have a better chance of proving their claim. An owner of an illegally parked vehicle can be found partially negligent. The parked car owner had a responsibility to follow the law and if an illegally parked car created a significant hazard to drivers, this is critical in proving an insurance claim.
A driver who strikes an illegally parked vehicle should not attempt to battle their insurance company alone but should seek the guidance of a car accident lawyer with solid experience. Your rights and financial responsibility are at stake so getting skilled legal advice is always recommended in car accident cases, no matter how minor they may appear.
If you were involved in a car accident, the Asbury Park car accident lawyers at Fox & Melofchik, L.L.C. have the skills to advocate for you and protect your legal rights. For a free initial consultation, call us at 732-493-9400 or complete our online form. Located in Eatontown, New Jersey, we serve clients throughout Monmouth County, Ocean County, Middlesex County, Mercer County, Asbury Park, Neptune, Long Branch, Keansburg, Ocean Township, Eatontown, Red Bank, Middletown, Colts Neck, Deal, Freehold, Holmdel, Jackson, Little Silver, Marlboro, and Rumson.