The last thing you hope to happen when you are driving down the road is to have a collision with an illegally parked car. When someone or something else causes an accident, collision, or crash that leads to injuries, you will generally be entitled to compensation for the related costs. Determining who is at fault is the first step in a long claims process toward recovering your damages.
When it comes to hitting an illegally parked car, both parties involved will generally be liable. This is because all drivers have a duty to exercise reasonable care and caution while driving. Hitting a parked car is a failure of an otherwise prudent driver to exercise caution, but if the car was illegally parked, the owner of the vehicle that was illegally parked will also be liable. The best way to ensure that you are not held liable for a car accident caused by someone’s illegal parking is by working with a local Omaha car accident lawyer from Knowles Law Firm.
What Is Illegal Parking?
If a driver hits a parked car that is legally parked, the driver who hit it will be liable for the damages associated with the accident. However, when you hit a parked car that is illegally parked, then the damages will be shared, and you will benefit in terms of the amount owed.
Illegal Parking Locations
Illegal parking includes when the vehicle’s owner stops, parks, or leaves their vehicle in any of these locations:
- A crosswalk
- An intersection
- Near a fire station driveway
- The middle of the street
The unique facts and circumstances of your accident will determine the options that are available to you.
What Happens if You Accept Fault?
If you accept fault, you will be responsible not only for the damages to your own vehicle and any medical bills, but also the damages to the other vehicle and any injuries to occupants. Working with an experienced attorney is the best way to prove liability and to ensure that you are not held responsible for more serious property damage than you contributed to the accident.
Who Is at Fault for a Car Accident Involving an Illegally Parked Car?
Depending on the circumstances surrounding your accident, multiple individuals might be responsible. However, most often, both the driver of the moving vehicle and the owner of the illegally parked car will carry liability. There may be some circumstances where additional parties are also considered liable. For example, any of the following individuals might be liable:
- Vehicle manufacturer or distributor
- Owner or renter of the property
- Employer or employee of the premises
- City or State government entity
- Other drivers
- Passengers or pedestrians
- Street maintenance personnel
Vehicle drivers are responsible for their cars and following the laws as closely as possible. For example, by properly maintaining vehicles, following posted signs, adhering to common driving laws, and paying mind to other parts of duty of care, overall safety is more likely to be upheld. Risks will be mitigated if everyone holds up their end of this shared responsibility.
There may be certain cases where neither party is responsible for the resulting damages, such as another reckless driver forcing the other party in one of the cars to swerve, roads being ill-maintained, or passengers being unnecessarily distracting the other driver and causing a wreck. Regardless of the circumstances, we can help. Feel free to reach out to Knowles Law Firm for additional assistance in your claim.
Comparative Fault Applies When More Than One Party Causes an Accident
The Nebraska Legislature’s contributory negligence statute provides that damages for an accident can be distributed among multiple parties. Comparative fault and contributory negligence are legal terms to describe the way in which damages are divided when multiple parties were responsible for the accident.
When you are seeking compensation for your damages from accidents, determining the parties at fault is the first step prior to accurately and completely measuring your compensation. Evidence is essential to your insurance claim to prove fault and to measure your damages, and your local Omaha car accident lawyer will handle all of this on your behalf.
Steps to Take After the Accident
Following the accident, it is essential to be cautious when deciding what you should do next. If you have been hurt and want to receive compensation for your injuries and losses, you will have to take legal action. However, legal processes can be difficult and elicit significant stress to victims.
Luckily, we can help you determine what steps you can take next. We recommend you utilize the following strategies as you move forward with your case:
- Seeking medical attention as soon as possible to mitigate and treat serious injuries
- Following your doctor’s recommendations for next steps regarding healing and aftercare
- Logging off of any social media accounts and staying offline
- Avoiding conversations about your legal matters with others, such as strangers, friends, and family
- Reporting the accident and documenting the scene
- Gathering evidence (photos, witness statements, police report) and keeping it safe and organized
- Speaking with insurance companies with caution, sharing as little information as possible
- Refraining from accepting any settlement offers without support from an attorney
- Retaining a lawyer and following their recommendations for additional next steps
If you are involved in legal matters and facing serious injuries, working with an attorney can be extremely beneficial. If you have been hurt due to another person’s irresponsible behavior, an attorney from Knowles Law Firm can provide valuable assistance. In fact, we dedicate ourselves to providing personalized recommendations and legal options based on each victim’s unique circumstances. Feel free to connect with us to learn more about how we can provide support.
Discuss Your Case With an Omaha Car Accident Lawyer From Knowles Law Firm
Accidents involving an illegally parked car can complicate the determination of liability. Both drivers may share responsibility, but understanding the nuances of fault is essential. At Knowles Law Firm, our extensive experience in handling such cases allows us to navigate these complexities effectively. With 55 years of experience and a track record of multi-million dollar settlements, we can help ensure you’re not unfairly held liable for an accident. To explore options regarding your accident with an illegally parked car and to protect yourself, schedule a consultation with Knowles Law Firm.
We will collect evidence to determine whether the parked car was legally parked, and to what degree you can be held liable. Your initial consultation is risk-free and cost-free, so we encourage you to take this opportunity to learn how we can help. We are committed to gathering evidence and proving fault accurately to secure the compensation you deserve. Our dedicated team works diligently to move your case forward and recover compensation, often working seven days a week. Contact us today at (402) 431-9000 or through our contact form to discuss your case and explore your options for justice and compensation.
