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What to do After an Accident with a Car that is Parked Illegally

By Butler Prather LLP on October 28, 2020

Car accidents are generally avoidable, and most are caused by the careless or negligent actions of one or more drivers. In some cases, an accident may be caused by a car that is illegally parked. If you or somebody you care about has been injured or sustained property damage due to an accident with an illegally parked vehicle, you need to know what to do in order to obtain the compensation you are entitled to.

The duties of a driver in these situations

All drivers have certain general duties of care to other drivers on the roadway. It is negligent to fail to exercise a reasonable degree of care behind the wheel of a vehicle. Impaired driving, speeding, texting and driving are all examples of driver negligence.

Parking a vehicle illegally is also an example of driver negligence.

If a person parks their vehicle illegally, this means that they have failed to follow traffic laws and regulations. Thus, the illegally parked driver negligently put their vehicle in a hazardous situation and could be held liable for any injuries or property damage that another party sustains.

The other driver involved in the incident (the person who is affected by the illegally parked vehicle) also has certain duties in these situations. They must drive in a way that diligently avoids collisions. This includes operating at a reasonable speed, paying attention to the roadway, and preparing to stop unexpectedly. Hitting a parked vehicle, even one that is parked illegally, could be negligent if the collision could have been avoided by a prudent driver.

In some cases, both parties could be at fault for a collision that involved an illegally parked vehicle.

What to do after an accident with an illegally parked car

If you are involved in an accident with an illegally parked car, there are various steps you can take to ensure your rights are upheld in this situation.

  • Call the appropriate authorities. You should call the police and report the incident. Most law enforcement agencies will respond to accidents such as this one. They will come out and complete an accident report and obtain information about the other driver involved. Usually, the police will note that the other vehicle was illegally parked, which can help prove liability for the case.
  • Report the incident. You need to report the incident to your insurance carrier as soon as possible, even if you do not think you were at fault. Your insurance carrier has reporting requirements for situations like this, and they will be able to help you complete your claim against the other driver’s insurance carrier.
  • Seek medical assistance. Regardless of how minor or severe your injuries are, you need to seek medical assistance. The signs and symptoms of some accident injuries do not appear for hours or days after a crash occurs. Seeking medical assistance ensures your well-being and also establishes a link between the crash and your injuries.

Speak to a personal injury attorney

If you or somebody you love has been injured in an accident with a car that was illegally parked, you may need to work with an attorney to help with your case. A qualified Atlanta personal injury lawyer will have experience handling these cases and will be able to conduct an investigation in order to determine liability. Your attorney will not let the insurance carrier of the other party take advantage of you. An attorney will gather the evidence necessary to prove liability and handle negotiations with all parties to ensure you are compensated fairly for your injuries and property damage.

Posted in: Car Accidents

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