In most cases, the driver who hits a parked car is the one at fault. While many parked car accidents are caused by driver error, other components can also affect these situations. However, it is rare that the owner of a parked car will be considered at fault in such an incident.
When Another Driver Hits Your Parked Car
As the owner of a motor vehicle, you must be certain to park it safely and properly. Failing to park your vehicle correctly can place liability on you if another driver strikes your car.
For example, if you do not navigate to a safe position off the road during a vehicle malfunction or mechanical error, then you may assume partial fault for an accident. Similarly, if you do not leave enough space for other vehicles when parking your car, then you may be considered to be at fault for an accident and its damages.
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If You Hit a Parked Car with Your Vehicle
It is important to take responsibility when you hit a parked vehicle. This means that you should not flee the scene without first taking some key actions. Doing so may leave you in deeper trouble, as hit and run accidents carry severe consequences.
First and foremost, you should notify the local authorities of the incident if the owner of the vehicle is not nearby. After doing so, police will assist you in reporting the accident and getting in touch with the vehicle’s owner. It is also helpful to document the incident by jotting down notes and capturing pictures.
From here, you may want to get in touch with your car insurance company. It will advise you on how your policy deals with such incidents. Finally, connecting with a lawyer can help you to better understand your options when taking legal action.
Examining an Accident’s Cause to Establish Liable Parties
Liability is an important piece in any case where a driver runs into a parked car. Some risky driving behaviors may make it easier for legal teams and insurance companies to establish a liable party.
For example, distracted driving resulting from cell phone usage is on the rise, and it is often a culprit in accidents involving parked vehicles. As the Federal Motor Carrier Safety Administration (FMCSA) points out, taking your eyes off the road for even five seconds can leave you vulnerable to greater collision risk.
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Going After Potential Settlement Amounts
In accidents involving reckless or negligent behaviors, victims may be eligible to collect a settlement to cover losses and damages. The severity of your injuries, the number of involved parties, insurance limits, and other factors can all impact a final settlement amount.
Some potential recoverable damages that you may receive when your parked car is struck by another driver include:
- Property and vehicle damage
- Medical coverage
- Ongoing treatment and care
- Psychological and emotional hardship
- Loss of income
- Loss of consortium
- Rehabilitation services
- Emergency care
- Surgeries and operations
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Navigating Louisiana Laws and Statutes
Those who suffer a personal injury in Louisiana possess the right to seek legal assistance in building up their case. However, as laws and statutes such as CC Art. 3492 points out, victims have a limited amount of time to do so. When you are part of an accident that results in a personal injury, you may not always have the luxury of time on your side.
When an accident results in wrongful death, you have to consider other state laws, such as the statute of limitations outlined in CC Art. 2315.2. Whether you are dealing with personal injuries, wrongful death, or other losses, pursuing legal help immediately after an accident can help you and your attorneys to sidestep potential problems with state laws and statutes.
How Our Lawyers Deal with Parked Car Accident Cases
When our lawyers begin working on your case, we will examine the details of the accident to establish a liable party. In doing so, our legal team will often collect documentation and evidence in the form of photographs, police reports, and eyewitness testimonies. We will use this evidence in conjunction with the law to determine who should be held liable for a parked car accident and its damages.
Our lawyers will then pursue any forms of monetary compensation that may be owed to you. We will also handle all communications with other parties for you. This means you will not have to speak with drivers, insurance companies, or anyone else who has a connection to your case.
Contact Laborde Earles Injury Lawyers to Learn More
At Laborde Earles Injury Lawyers, we have a compassionate legal team to assist you if you are wondering who is at fault when hitting a parked car. Our lawyers will look at all aspects of the incident as we defend you and identify a liable party. We will also work to pursue all potential types of compensation that may be owed to you. To learn more, call our office today at (337) 777-7777.
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