Getting into a car accident is never a pleasant experience. Dealing with insurance claims, car repairs, injuries, and legal issues can be stressful. However, accidents involving illegally parked vehicles can further complicate matters. So what happens if you hit an illegally parked car in Virginia? Who is at fault? What should you do?
Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000.
Determining Fault In An Illegal Parking Accident
The first question arises after an illegally parked car accident: who was at fault? There are a few key factors that help determine fault and liability in these unique situations:
Illegally Parked Vehicle Status
In Virginia, it is generally illegal to park:
On a sidewalk
Within an intersection
On a crosswalk
Alongside or opposite any street excavation or obstruction if it would obstruct traffic
On any bridge or overpass or in any tunnel
In any place or manner that does not allow for the safe passage of other vehicles
So, if a vehicle is parked in any of these illegal areas and gets hit, the illegally parked driver will likely hold some fault. However, the moving driver must also operate their vehicle safely and avoid collisions.
Actions of Moving Vehicle Driver
Even when another vehicle is illegally parked, the moving vehicle driver must still act reasonably and responsibly on the road. A personal injury lawyer in Virginia will usually investigate whether the moving driver was:
Speeding
Under the influence of any substances
Distracted by their phone or passengers
Failing to scan the road and notice the parked car
If so, they could share in the liability for the accident. The moving driver must prove they were operating their vehicle safely to avoid bearing any fault.
Who Determines Fault In These Accidents?
So, who decides who was at fault and to what extent after an illegally parked car crash? There are a few key players that make this determination:
Police Officers
Suppose a police report was filed for the accident. In that case, the investigating officer will include their assessment of fault and liability in the report based on the evidence they gathered and statements made on the scene. This can be very influential in later proceedings.
Insurance Companies
Insurance carriers also conduct their investigations after accidents. They may decide differently than police on fault, comparative negligence, uninsured drivers, etc. Their findings can affect their policyholders' rates, payouts, and more.
Judges and Juries
Suppose injury claims end up in court after an illegally parked car wreck. In that case, judges and juries ultimately make the final call on liability and compensation if the parties don't settle beforehand. Accident lawyers and insurance companies will argue over evidence and testimony to show their client should not bear fault. The court decides based on applicable laws and the unique circumstances in each crash.
Steps To Take After You Hit A Parked Vehicle
Let’s review the key steps you should take if you collide with a parked vehicle in Virginia:
Stop Immediately
Never leave the scene after hitting a parked car even if it seems unoccupied or abandoned. Stop your car immediately and use your hazard lights to alert other drivers. Failure to stop can result in serious criminal hit-and-run charges.
Check For Injuries
Carefully inspect the area to see if your collision with the parked vehicle harmed anyone. Provide medical assistance if possible and call 911 if needed.
Document Evidence
Take pictures of damage, vehicle positions, street signs/markers, skid marks, and any traffic citations on the parked vehicle. Video recording a walkthrough of the scene can also provide useful documentation.
Exchange Information
If the owner is present, exchange names, contact info, insurance details, and driver’s license numbers. Even without the owner there, leaving a note with your contact information is required by law in Virginia.
Report Accident
File a crash report with law enforcement within 24 hours. Reporting is essential even for minor parked car accidents with no injuries.
Contact Insurance Carrier
Notify your insurance provider about the collision as soon as feasible. Prompt reporting of claims can simplify resolving cases.
By taking these steps, you create vital documentation on fault questions, property damage, and personal injuries. The materials help protect your legal rights during claims processes or lawsuits over who bears liability for the parked vehicle wreck.
Common Injuries In Illegally Parked Car Accidents
Despite slower speeds, collisions with stationary vehicles can still cause significant injuries requiring medical treatment. Common personal injuries after hitting parked cars include:
Whiplash
Whiplash is perhaps the most frequent injury from low speed crashes into illegally parked vehicles. Sudden whipping back-and-forth movement strains neck and upper spine muscles and ligaments.
Back Injuries
Back muscles strains and disc herniations also often stem from even minor collisions with minimal vehicle damage. The spine withstands significant pressure in rear end crashes.
Concussions
Heads impacting steering wheels, dashboards, side windows or pillars result in traumatic brain injuries like concussions at surprisingly low collision forces.
Broken Bones
Unrestrained occupants, bracing hands/arms on dashboards, or knees jamming into panels lead to fractured wrists, forearms, legs, ankles, ribs and other bones.
Any injury victims deserve full financial recovery and accountability. Virginia's experienced personal injury lawyer can help document car accident injuries and pursue injury claims against negligent parties.
Who Pays For Property Damage When You Hit An Illegally Parked Car?
Figuring out who covers property damage costs after collisions with illegally parked vehicles depends on several key factors:
Police Issued Any Traffic Tickets
If law enforcement cited the illegally parked driver, it helps confirm their violation of traffic laws. This supports holding the vehicle owner liable for repairs to both vehicles. Their insurance should apply to them if they are uninsured.
Comparative Negligence Levels
Virginia uses modified comparative negligence laws in auto accident cases. So even if one holds primary fault, if the other holds any share of liability, both may carry some financial responsibility. The exact payout percentages are determined during insurance claims or civil lawsuits.
Uninsured Drivers
If either motorist lacks insurance, the insured driver's uninsured motorist coverage often covers their own vehicle repairs. Rates typically do not rise for not-at-fault uninsured motorist claims. However, getting fully reimbursed for repairs may prove very difficult from an uninsured driver without legal action.
Who Pays For Medical Bills After Hitting A Parked Vehicle?
Much like property damage payouts, determining who bears responsibility for injury treatment bills stemming from collisions with illegally parked vehicles depends on key considerations:
Workers Compensation Cases
If the victim sustained injuries while working, workers compensation laws mean their employer's insurance usually handles medical costs and partial wage losses. Exceptions apply for gross negligence like driving drunk.
Health Insurance Coverages
If someone does not qualify for workers compensation, their health insurer often initially pays for hospital/doctor bills. However, they typically request reimbursement from any liable parties later.
At Fault Driver’s Liability Insurance
Insurers for drivers proved legally at fault or negligent reimburse health insurance companies and cover remaining medical costs directly. This includes ambulance transports, medications, physical therapy, and other care related to accident injuries.
Uninsured At-Fault Drivers
Paying out-of-pocket yourself often becomes necessary if an at-fault uninsured driver lacks assets to pursue. Victim passengers may access the insured driver's medical payments or personal injury protection coverages in uninsured motorist cases, depending on policy terms.
Suffering long term pain, disabilities, lost income, and piled up medical debt after parked vehicle crashes creates immense financial and emotional stress for injured victims and their families. Connecting with an experienced personal injury lawyer in Virginia provides your best opportunity to recover complete compensation in illegal parking accident injury claims disputes.
Legal Options If You Hit An Illegally Parked Car In Virginia
Handling legal issues stemming from hitting illegally parked vehicles often proves confusing and frustrating for crash victims. Working with a skilled personal injury lawyer in Virginia offers significant benefits for protecting your rights such as:
Claim Investigation - Gathering police reports, photos/video, medical records, witness statements and other evidentiary materials to establish and document fault issues, negligence factors, injuries and damages for insurance settlement negotiations or personal injury lawsuits.
Claim Filing - Managing often complex claim filing procedures across multiple insurance policies. This includes both first and third party claims under health, auto, property, workers compensation and other coverages.
Claim Disputes & Denials - Pushing back against questionable or bad faith insurer claim delays, denials, and reduced settlement offers by highlighting evidence warranting full compensation. If needed, legal demands get asserted via official complaints filed with state insurance commissioners overseeing fair claim practices.
Litigation - Filing personal injury lawsuits against negligent parties when warranted after vehicle crashes, resulting in significant uncompensated damages. Lawyers handle extensive preparations for court, such as retaining expert witnesses, taking depositions, and crafting compelling legal arguments regarding liability and injuries. Representation continues through trials or in negotiating fair out-of-court settlements once trial commences.
Uninsured Losses - Seeking recovery for damages suffered when hit by uninsured or underinsured motorists through every avenue, like civil lawsuits directly against drivers lacking insurance or accessing your own policy's UM coverages.
Retaining an attorney after any illegally parked car accident helps shift focus to your physical and emotional recovery instead of complex legal and claims processes. Receive dedicated guidance from an experienced personal injury lawyer in Virginia, acting strictly in your best interests.
Frequently Asked Questions About Illegally Parked Car Accidents In Virginia
Collisions involving illegally parked cars lead to many questions surrounding fault, injuries, vehicle repairs and legal rights under Virginia laws. Here are answers to 5 of the most frequently asked questions personal injury lawyers in Virginia receive about these unique accidents:
Who Determines Final Fault For Hitting Illegally Parked Vehicles?
While police cite illegal parking violations and document initial fault opinions, insurance companies make ultimate determinations legally based on liability payouts or jury/judge decisions during car accident injury lawsuits.
What If Neither Vehicle Had Auto Insurance At The Time Of An Illegal Parking Accident?
Lacking insurance coverage significantly reduces options for financial recovery. The at fault driver still faces liability for damages but collecting payments directly only succeeds with litigation. Uninsured drivers also forfeit certain accident injury claims protections.
How Long Does The Claims Process Typically Take After Illegally Parked Vehicle Crashes?
Duration depends greatly on injury severity, dispute levels over fault and damages, involvement of multiple insurers, litigation filing, and other variables. However, most illegal parking accident claims are resolved in under one year through settlements or trial judgments when attorneys get engaged quickly.
Can Injuries Prove Serious When Hitting Parked Vehicles At Low Speeds?
Absolutely. Whiplash, spinal disc herniations, broken wrists/arms, concussions, and other significant injuries create excruciating pain and lifelong disabilities even at collision speeds under 10 MPH involving illegally parked cars. Victims deserve total compensation.
Is Filing An Accident Claim Necessary If the Fault Driver Admits Fault For Hitting My Parked Car?
Always file damage/injury claims promptly after parked vehicle collisions. Even with immediate fault admissions, disputes commonly arise regarding payout amounts for vehicle repairs, medical care, and other losses as cases progress. Consult a personal injury lawyer in Virginia to protect all legal rights.
How Personal Injury Lawyers In Virginia Can Help After Illegally Parked Car Crashes
No two motor vehicle accidents involving illegally parked cars result in the same damages or legal situations for victims. But every case warrants dedicated legal guidance from an experienced personal injury lawyer in Virginia focused on protecting your rights and facilitating complete financial recovery after suffering losses.
Personal injury attorneys assist with critical needs like:
Documenting scene and vehicle damage through photos, video, and police reports
Collecting witness statements and contact information
Researching laws on negligence, liability, and compensation in illegal parking crashes
Maximizing compensation from multiple insurance policies
Disputing unfair claim denials or lowball settlement offers
Proving through medical records your collision injuries and need for treatment
Calculating and demanding total owed payouts from insurers
Filing complaints over claim delays with state regulators
Taking legal action against insurance carriers practicing bad faith
Initiating civil lawsuits against individual drivers causing damages
Negotiating fair out-of-court injury claim settlements
Aggressively trying cases before judges and juries if settlements fail
Every illegally parked vehicle accident victim deserves justice. An attorney completely dedicated to protecting your well-being helps maximize recoveries so you can focus on healing. Consider scheduling a free case evaluation with an experienced personal injury lawyer in Virginia for personalized counsel on preserving rights after any parked car crash.
Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven lawyers today at 540.345.2000 for your free consultation.
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