What Are My Rights After a Car Accident Involving a Parked Vehicle?

Question from Nick, What Are My Rights After a Car Accident Involving a Parked Vehicle?

Answer from AI:

If you were involved in a car accident where your tire blew out and you hit a parked commercial van with a trailer, there are several factors to consider regarding your rights and responsibilities. This situation involves both traffic laws and insurance regulations.

Understanding Liability

In general, drivers are expected to maintain control of their vehicles and avoid accidents, even when unexpected events like a tire blowout occur. However, the positioning of the parked commercial van and trailer may also play a role in determining liability.

Key Points to Consider

• Driver Responsibility: As a driver, you are typically responsible for maintaining control of your vehicle. This includes taking necessary precautions to avoid accidents, even in the event of a tire blowout.
• Parking Regulations: The commercial van and trailer may be subject to local parking regulations. If they were parked illegally or in a manner that obstructed traffic, this could impact liability.
• Insurance Claims: Your auto insurance company may initially determine that you are at fault. However, if the parked vehicle was in violation of local laws, this could be a factor in your favor.

Steps to Take After the Accident

1. Document the Scene: Take photos of the accident scene, including the position of the parked van and trailer, any road signs, and the damage to both vehicles.
2. Report the Accident: Notify local law enforcement and file a police report. This can provide an official record of the incident and any potential violations by the parked vehicle.
3. Contact Your Insurance Company: Provide your insurance company with all relevant information, including the police report and photos. Explain the circumstances of the accident and the position of the parked van and trailer.
4. Review Local Parking Laws: Check local ordinances in Brick, NJ, to determine if the commercial van and trailer were parked legally. You can find local parking regulations on the [Brick Township Municipal Code](https://ecode360.com/BR0295) website.
5. Consult a Legal Professional: If you believe the parked vehicle was in violation of local laws and contributed to the accident, consider consulting with a legal professional. They can provide personalized advice based on the specifics of your case.

When to Seek Legal Advice

If you are unsure about your rights or how to proceed, it is advisable to seek legal advice. A legal professional can help you understand the nuances of traffic laws and insurance regulations, and they can assist you in building a case if you believe the parked vehicle was at fault.

Resources for Legal Assistance

• Contact a local attorney who specializes in traffic accidents and insurance claims.
• Visit the [New Jersey State Bar Association](https://tcms.njsba.com/personifyebusiness/Default.aspx) for resources and referrals to qualified attorneys.
• Check out self-help resources on the [New Jersey Courts](https://www.njcourts.gov/selfhelp/index.html) website for additional guidance.

Remember, each accident is unique, and the specifics of your situation will determine the best course of action. Consulting with a legal professional can provide clarity and help you navigate the complexities of your case.