Who is Liable in a Car Accident Involving a Parked Vehicle?

Question from Nick, Who is Liable in a Car Accident Involving a Parked Vehicle?

Answer from AI:

When a car accident occurs involving a parked vehicle, determining liability can be complex. In your case, you were driving on a two-way residential street at 10:30 pm when your right car tire blew out, causing you to crash into a parked commercial van with a 6×8 enclosed trailer that was obstructing your side of the street. Here are some general guidelines to help you understand the situation:

Understanding Liability in Car Accidents

In most car accidents, the driver who caused the accident is typically held liable. However, there are several factors to consider:

• Driver Responsibility: Drivers are generally expected to maintain control of their vehicle and avoid obstacles, even if those obstacles are improperly parked vehicles.
• Vehicle Maintenance: If the accident was caused by a mechanical failure, such as a tire blowout, the driver may still be held responsible if it is determined that the vehicle was not properly maintained.
• Parking Violations: If the commercial van and trailer were parked illegally or in a manner that obstructed traffic, the owner of the parked vehicle might share some liability.

New Jersey Parking Regulations

In New Jersey, there are specific regulations regarding where vehicles can be parked. According to the New Jersey Motor Vehicle Commission (MVC), it is illegal to park:

1. Within an intersection.
2. On a crosswalk.
3. In front of a public or private driveway.
4. Within 10 feet of a fire hydrant.
5. Within 25 feet of a crosswalk at an intersection.
6. Within 50 feet of a stop sign.

If the commercial van and trailer were parked in violation of these or other local parking regulations, this could impact the determination of liability.

Steps to Take After the Accident

1. **Document the Scene:** Take photos of the accident scene, including the position of the vehicles, any visible damage, and any relevant road signs or markings.
2. **File a Police Report:** Contact local law enforcement to file an official accident report. This report can be crucial for insurance claims and any potential legal proceedings.
3. **Notify Your Insurance Company:** Report the accident to your auto insurance company as soon as possible. Provide them with all relevant information and documentation.
4. **Consult a Legal Professional:** Given the complexities of liability in this situation, it is advisable to consult with a legal professional who can provide personalized advice based on the specifics of your case.

When to Seek Legal Advice

If you believe that the parked commercial van and trailer were in violation of local parking regulations or if you are facing significant financial or legal consequences as a result of the accident, it is important to seek legal advice. A lawyer can help you understand your rights and responsibilities and can assist in negotiating with insurance companies or representing you in court if necessary.

For more information on New Jersey parking regulations, you can visit the [New Jersey Motor Vehicle Commission](https://www.state.nj.us/mvc/).

Remember, this information is intended to provide a general understanding of the issues involved and should not be considered legal advice. Always consult with a qualified legal professional for advice tailored to your specific situation.