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Illegally parked cars are seen everywhere, from narrow side streets in Atlantic City to the Cape May beaches. They pose real hazards and can lead to car accidents because unsuspecting drivers might plow into them, crashing and causing serious injuries and damages. When that happens, you will want to know if you can be held liable for hitting an illegally parked car.
How Can I Tell if a Car Is Parked Illegally?
Vehicles can be illegally parked in different ways. As a guideline, they should not be left in spaces that are not actual parking locations. Here are a few examples:
- Blocking fire hydrants
- In crosswalks
- In front of fire zones
- Where no parking signs are posted
- On sidewalks
Vehicles can also be illegally stopped when there are posted signs prohibiting stopping or standing. Illegally parked cars are often ticketed or towed by local law enforcement, but that is not always done in a timely manner.
How Is Fault Determined if I Hit an Illegally Parked Car?
Determining fault after hitting a parked car can be challenging. An officer can write up a police report, noting that the vehicle was not where it should have been. You might think that the vehicle’s driver is responsible, but it might not be seen that way by others.
Bear in mind that even though that driver should have known better than to park there, you still hit them. In other words, the other side will claim that you should have been paying closer attention at the time of the accident. Yet every case is different, so things can play out in other ways.
Can I Prove that the Other Driver Was Negligent?
In order to prove that the driver or owner of the parked car was negligent, you need to prove that:
- They owed you a duty or a responsibility, such as following parking regulations.
- They breached that duty by parking illegally. That violated traffic laws and disregarded drivers’ safety.
- The crash could have been prevented if they had parked in a legal parking spot.
- Your injuries and damages were a direct result of the crash.
As with all car accidents, strong evidence will influence the outcome of the case. The more documentation the better – examples include eyewitness statements, photos, and police reports.
Does New Jersey Have a Comparative Negligence Law?
Yes. The Comparative Negligence Act lets insurance providers determine responsibility for accidents when more than one party was at fault. The adjuster will review what happened and assign percentages of liability based on the contributing factor – like being parked illegally.
The degree of fault is expressed in percentage terms, like 50 or 75%. If your percentage is 50% or less, you may receive reduced compensation. When an insurer decides that you were 50% responsible for $1,000 in damages, you would get $500.
Should your percentage be higher than 50%, you will not be compensated. If you disagree with the percentage of negligence your were assigned in your settlement claim, you have the option of filing an appeal with the insurer. Should that be unsuccessful, they must inform you that you have the right to reach out to the Office of the Insurance Ombudsman.
Contact an Atlantic City Car Accident Lawyer at D’Amato Law Firm for a Free Consultation on Any Type of Car Accident
If you were involved in any type of car accident, you can benefit from a free consultation with an experienced Atlantic City car accident lawyer at D’Amato Law Firm. Call our Egg Harbor Township, New Jersey office at 609-926-3300 or submit our online form for information. We work with clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.